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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
"He owes me because he cheated on me."

familylaw.txt

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G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

joat mon posted:

"He owes me because he cheated on me."

familylaw.txt

I took a family law pro bono case. The rabbit hole just gets deeper.

gently caress family law to death.

MerchantOfChaos
Jun 6, 2010

by Smythe
Not sure who could help me with this, as this is a pretty specialized case, but here's the situation.

My friend, a liscenced Hypnotherapist of 30 years, and myself, a student hypnotherapist of his, are trying to utilize neurofeedback as a tool to help our practice. As in, we are in no way calling ourselves "Neurofeedback Practicioners" or making any claims as to how this added service will allow us to diagnose psychiatric disorders, just simply using the device as a tool to aid us in hypnotherapy/perform some basic neurofeedback training with it. IE: "As I bring your hand to your forhead you will fall deeper into trance..oh hey! see how your brainwaves are being altered on the monitor over there!"

If it helps, we live in the State of New Jersey, so whatever specific laws they have in regards to this apply. I've been pouring over sites about neurofeedback, but the legality surrounding it seems very vague. Some sources say you need specific PHDs to be considered a "Neurofeedback Practicioner", others say you need to have lisensure in certain fields of therapy, others say you need to take certain courses for it etc.

Again, we have no interest in claiming that neurofeedback, in the way that we use it, will diagnose/cure any mental or physical ailments, just want to know the legality of using one of these devices to aid the hypnotheraputic process.

Sonic Dude
May 6, 2009
Re: the divorce case

My ex-wife went through the divorce without a lawyer to represent her. Since my lawyer did all of the paperwork, he asked her to sign a document saying something to the effect of "I understand that attorney X represents Sonic Dude and not Wifey McGee, and I understand that I am entitled to representation during this process. I am voluntarily waiving that entitlement and agreeing to the settlement anyway."

Not giving anything resembling advice, of course, but I'm assuming my lawyer didn't pull the idea for that form out of his own hat; your friend's lawyer might have something similar to use in these situations.

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

MerchantOfChaos posted:

Not sure who could help me with this, as this is a pretty specialized case, but here's the situation.

My friend, a liscenced Hypnotherapist of 30 years, and myself, a student hypnotherapist of his, are trying to utilize neurofeedback as a tool to help our practice. As in, we are in no way calling ourselves "Neurofeedback Practicioners" or making any claims as to how this added service will allow us to diagnose psychiatric disorders, just simply using the device as a tool to aid us in hypnotherapy/perform some basic neurofeedback training with it. IE: "As I bring your hand to your forhead you will fall deeper into trance..oh hey! see how your brainwaves are being altered on the monitor over there!"

If it helps, we live in the State of New Jersey, so whatever specific laws they have in regards to this apply. I've been pouring over sites about neurofeedback, but the legality surrounding it seems very vague. Some sources say you need specific PHDs to be considered a "Neurofeedback Practicioner", others say you need to have lisensure in certain fields of therapy, others say you need to take certain courses for it etc.

Again, we have no interest in claiming that neurofeedback, in the way that we use it, will diagnose/cure any mental or physical ailments, just want to know the legality of using one of these devices to aid the hypnotheraputic process.

Google tells me that the requirements are pretty much up to whatever place hands out certifications. Honestly, it sounds like one of those things where you could just make up your own institute that hands out certifications and you could probably find a place that certifies online and lets you print out your own certificate at the end of the training.

euphronius
Feb 18, 2009

I believe it used to be ethical and common for one lawyer to represent a couple in a divorce. FOr obvious reasons people sort of figured out that lawyers should not do that anymore.

And yeah family for law. It keeps the lights on.

woozle wuzzle
Mar 10, 2012

CaptainScraps posted:

I took a family law pro bono case. The rabbit hole just gets deeper.

gently caress family law to death.

My deepest sympathies. I figured I'd be a divorce attorney, till my first divorce:

"Yes, it's very wrong that the children came back wearing different socks... No, I don't think we could sue for the original socks back... Yes m'am I understand, but it's not theft because... Yes, but... I... .... :suicide:



Regarding hypnotherapy: I dunno NJ law whatsoever, but I would guess that as long as your client's knowingly consent you're ok. Have them sign a gigantic waiver that says you guarantee nothing and that it's recreational.

Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce

peepoogenderparts posted:

.

My question is: Is all of this legal? I mean, the husband is, for lack of a better word, an uneducated moron. If he signs all of this stuff, and then gets the divorce papers and decides to get his own lawyer, can his lawyer come back and say, "He didn't know what he was signing because he didn't have a lawyer. And also because he's an idiot" or is it his tough luck for signing something even though he didn't understand what it was.

For what it's worth, in my jurisdiction (Alberta), the standard practice is to require each spouse to have a signed certificate of independent legal advice. Maybe it's our socialist Canadian courts, but if you don't have that certificate, the courts may very well take pity on you as an uneducated schlub.

It's a pretty good catch-22: if the matter is serious enough, the other party can't waive legal advice. And there's no need for independent advice unless the matter is serious enough.

Captain Kevbo
Oct 14, 2000

chemosh6969 posted:

I work in financial aid and I'm going to have to disagree. It doesn't matter if the student is a financial dependent. If there's no FERPA, we can't go into any specifics. Can it cause problems between a parent and student? Sure but there's no law stopping a parent from helping out financially if the student doesn't want to fill out a FERPA form for their parents, or anyone else.

From the Department of Education's website:

"Another exception permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent's most recent year's income tax statement, the school may non-consensually disclose the eligible student's education records to both parents under this exception."

IzzyFnStradlin
Jun 19, 2004
Let's say that, acting in self-defense, using reasonable and proportionate force, I punch my attacker. The punch knocks him out, and he falls, hits his head, and dies. Does his estate have a colorable action in tort against me?

Alchenar
Apr 9, 2008

IzzyFnStradlin posted:

Let's say that, acting in self-defense, using reasonable and proportionate force, I punch my attacker. The punch knocks him out, and he falls, hits his head, and dies. Does his estate have a colorable action in tort against me?

No.

Incredulous Red
Mar 25, 2008

IzzyFnStradlin posted:

Let's say that, acting in self-defense, using reasonable and proportionate force, I punch my attacker. The punch knocks him out, and he falls, hits his head, and dies. Does his estate have a colorable action in tort against me?

Is it disputed in this scenario whether you acted in self defense or used reasonable force?

euphronius
Feb 18, 2009

IzzyFnStradlin posted:

Let's say that, acting in self-defense, using reasonable and proportionate force, I punch my attacker. The punch knocks him out, and he falls, hits his head, and dies. Does his estate have a colorable action in tort against me?

Colorable? Do you mean will it survive a motion to dismiss?

irish2
Nov 15, 2004

peepoogenderparts posted:

I asked a question earlier about my friend at work who is getting a divorce and I thank you for the answers. My friend got a lawyer and is surprisingly going ahead with it.

Right now, the husband is basically agreeing to everything because he cheated, etc. My friend's lawyer is drafting up all these papers for alimony, signing over the house, etc. and trying to get the husband to sign it all before he even files the divorce papers.

My question is: Is all of this legal? I mean, the husband is, for lack of a better word, an uneducated moron. If he signs all of this stuff, and then gets the divorce papers and decides to get his own lawyer, can his lawyer come back and say, "He didn't know what he was signing because he didn't have a lawyer. And also because he's an idiot" or is it his tough luck for signing something even though he didn't understand what it was.

It is legal, as to whether or not it will work, it probably depends on your county and judge. There is still a wide range of what can/will happen between different counties and judges when it comes to spousal support. As to the law, W.Va. has taken the position that pre-nuptial agreements are to be looked at with disfavor unless both parties are represented at the time, and they will occasionally throw them out. I can see an argument that this is not significantly different though I'm not aware of a reported decision to that effect (also have not looked recently). I can tell you that if he were my client, I would not hesitate to argue for that stuff to be thrown out, and in my county, I think I could get it done.

FYI, whether it will work or not, family lawyers do this kind of thing all the time. You basically hope the other side will not get a lawyer, in which case you can almost be assured it will go through as is.

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

Captain Kevbo posted:

From the Department of Education's website:

"Another exception permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent's most recent year's income tax statement, the school may non-consensually disclose the eligible student's education records to both parents under this exception."

Key word being "may". So, in a phrase commonly used in financial aid, "it depends". Institutional policy could also come into play one what's disclosed or not.

InvadErGII
May 29, 2008
I am currently in the process of getting a new job. I had an arrest a few years back but was never charged with anything and the county clerk's office has no record of any of it as far as I can tell. I am currently in Minnesota but the arrest was in Illinois. Should I be concerned about this showing up on a background check?

Captain Kevbo
Oct 14, 2000

chemosh6969 posted:

Key word being "may". So, in a phrase commonly used in financial aid, "it depends". Institutional policy could also come into play one what's disclosed or not.

Ed's interpretation of FERPA clearly allows the release of information to parents when the student is a financial dependent. You may choose to have a more stringent policy but if that's the case then it's dishonest and plain wrong to claim that it's FERPA that is tying your hands.

I'm sorry if I'm coming across as an rear end in a top hat. I'm just very, very tired of my colleagues crying "FERPA!" every time anyone asks for any information for or about a student or anything even remotely and implausibly related to students. It's a law with a clear set of guidelines, not a magical incantation that shields you from scrutiny and allows you to retreat to your office away from the annoying public with their stupid questions (How dare they ask about things they pay for and should care about! The nerve!). If it's just institutional or departmental policy that you don't release certain information or answer particular questions, just say so; it's not a big deal.

Stop building FERPA up into this giant beast that it's not. It's annoying. Worse, it's actually dangerous. Faculty and administrators have mistakenly interpreted FERPA as preventing contact with parents even when there are clear problems with students with Virginia Tech being the most notable and heartbreaking example (e.g. http://www.insidehighered.com/news/2007/06/14/vt ).

ChubbyEmoBabe
Sep 6, 2003

-=|NMN|=-

InvadErGII posted:

I am currently in the process of getting a new job. I had an arrest a few years back but was never charged with anything and the county clerk's office has no record of any of it as far as I can tell. I am currently in Minnesota but the arrest was in Illinois. Should I be concerned about this showing up on a background check?

The verbiage of the question (and the position) are important here:

"Have you ever been arrested, detained, or charged with a criminal offense, had charges dropped, or been advised that no record would be made of an incident?"

Is very different than:

"Have you ever been convicted of a crime other than a minor traffic offense?"

The former is usually for jobs that require security clearance levels of background checks (the quote is from army CID check) and the latter is for most other jobs.

Answer the question asked, basically.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
^^^ also that. If they ask specifically about something like that, don't try and hide it.

InvadErGII posted:

I am currently in the process of getting a new job. I had an arrest a few years back but was never charged with anything and the county clerk's office has no record of any of it as far as I can tell. I am currently in Minnesota but the arrest was in Illinois. Should I be concerned about this showing up on a background check?

If you weren't convicted of anything, which I would imagine you weren't since you weren't even charged, I would not worry about it.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

InvadErGII posted:

I am currently in the process of getting a new job. I had an arrest a few years back but was never charged with anything and the county clerk's office has no record of any of it as far as I can tell. I am currently in Minnesota but the arrest was in Illinois. Should I be concerned about this showing up on a background check?

It sounds like you were what Illinois calls "released without charging." You can (and should) get your arrest record expunged.

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_Content&contentID=4646
(use the zip code of where you were arrested)

chemosh6969
Jul 3, 2004

code:
cat /dev/null > /etc/professionalism

I am in fact a massive asswagon.
Do not let me touch computer.

Captain Kevbo posted:

it's dishonest and plain wrong to claim that it's FERPA that is tying your hands.

You're not allowed to claim something is covered under FERPA when it isn't. Also "may" is a key term that let's things swing in different directions. There's a lot of that in fin aid with the feds, once again getting into the "it depends" type of answer where you have to know the specifics before going one way or the other. While a parent might have a child as a dependent, there can still be other specifics that make it so they can't have instant access. If they stated that they "do" have the right to access the eduction records if the student is a dependent, then any other limitations preventing them would start something larger because then you have someone saying they can look at it while the school would have another rule saying they can't. So the feds generalize things, making things not that plain and simple in most cases. I'm not just making things up but ask someone in management in financial aid if the feds make things clear with their rules or if there's lots of "may" and "it depends". When we have conferences, those are the types of answers we get because you really have to have all the specific details of a situation to get an answer. Even then, if you interpret what the feds are saying, and someone working from them may even give a wrong answer on how to proceed, you can still get in trouble for it.

The feds do this with everything, so I'm not just complaining about FERPA. They'll start some new financial aid program for students, not give clear info on what they really mean, yet expect everyone to implement it while not going against their intent even though they can't give straight answers on what they really mean. It's like they throw it out there and then pick and choose the best ways it gets implemented and then start clearing up the rules somewhat, while still leaving large grey areas. I'm also ranting about this more than I normally would because this is the period of the year where we're dealing with a bunch of this.

Where I'm at, I haven't seen issues with people using it to not give out info when they can and more of a need of training so they don't give out what they can't. I'm not trying to build it up into something it isn't.

Brennanite
Feb 14, 2009

woozle wuzzle posted:

My deepest sympathies. I figured I'd be a divorce attorney, till my first divorce:

"Yes, it's very wrong that the children came back wearing different socks... No, I don't think we could sue for the original socks back... Yes m'am I understand, but it's not theft because... Yes, but... I... .... :suicide:

I wanted to be a lawyer until I temped at a law office. The couple divorcing were fighting over custody of the blinds. Not nice, custom ones or anything, these were the cheap plastic kind. Between that and the lawyer who carried a tape recorder so she could record conversations for evidence at all times, I decided law school was not for me.

TheBigBad
Feb 28, 2004

Madness is rare in individuals, but in groups, parties, nations and ages it is the rule.

Brennanite posted:

I wanted to be a lawyer until I temped at a law office. The couple divorcing were fighting over custody of the blinds. Not nice, custom ones or anything, these were the cheap plastic kind. Between that and the lawyer who carried a tape recorder so she could record conversations for evidence at all times, I decided law school was not for me.

Yeah but then you re-watch the Wedding Crashers and you go out and hope you make a difference in the world!

Charmmi
Dec 8, 2008

:trophystare:
Hey guys I've got a pretty quick question. A friend of my sister's is going through a divorce in Virginia. They've been married five years and she quit her job to be a full-time mom two years ago. She wants alimony on top of child support. If she and her husband can't reach an agreement, she's going for a fault-based divorce. He did cheat on her and she has evidence in the form of sms messages, facebook conversations, IM logs and his own admission. What does she have to do to make those computer-based conversations admissible? My own research turned up some "forensics" programs that will make a copy of a computer's hard drive but they say you should buy a fresh drive and a write blocker to put the copy on. Is that overkill? I don't imagine that simple print outs would work. How can she prove that she didn't mess with the data?

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.

Charmmi posted:

Hey guys I've got a pretty quick question. A friend of my sister's is going through a divorce in Virginia. They've been married five years and she quit her job to be a full-time mom two years ago. She wants alimony on top of child support. If she and her husband can't reach an agreement, she's going for a fault-based divorce. He did cheat on her and she has evidence in the form of sms messages, facebook conversations, IM logs and his own admission. What does she have to do to make those computer-based conversations admissible? My own research turned up some "forensics" programs that will make a copy of a computer's hard drive but they say you should buy a fresh drive and a write blocker to put the copy on. Is that overkill? I don't imagine that simple print outs would work. How can she prove that she didn't mess with the data?

That strikes me as very much an "ask her lawyer" question.

Redjakk
Apr 24, 2007

cormano sigue siendo mi hermano
Fun Shoe
OK, so I've possibly got a legal issue upcoming and I want to make sure that I've got all my bases covered. (This is kinda long)

I had a landlord who was, let's just say, laissez-faire about some of his responsibilities. I moved into his house with a few friends in 2009 and lived there for 2.5 years. We were the first people to move in after he bought and remodeled the place and my first indication that there might be an issue was the fact that everything that was new from the windows to the appliances were the cheapest models possible and everything else was from the twenties at the oldest (fireplace) and seventies at the newest (hardwood floors, back porch.)

Two days after we moved in, the stairs on the back porch collapsed under one person's weight. We let the landlord know and he didn't even respond. The plastic gutters started leaking as soon as there was any significant rain and the downspout broke off completely one windy evening. We told him and he still did nothing. After a year, we had a contractor replace the entire back porch, and sent him the invoice. When he didn't pay we sent him a declaration that we intended to pay it ourselves and deduct the cost from the next three months of rent. Still nothing until we did it and sent the reduced rent check and he said that he was intending to handle it and we should have waited.

The last straw was when all the power went out in the main living area and a strong burning smell filled the house. Went to the stairwell to the basement to find that the fusebox (yes, fusebox) that went to the main living area had overloaded and the frayed wiring that had been there since before WWII caught fire. We let the landlord know but he doesn't respond for days. We got an electrician and he said that we were lucky the whole house didn't burn down and he didn't know who did the remodel but that no actual electrician would have left wiring in that state. So the fusebox gets pulled out, a breaker box gets put in and new wires get added. We send the bill to the landlord and send him a letter and email giving 30 days notice with a forwarding address.

30 days later (4/13,) the house is empty and the final walkthrough with the landlord was done on Sunday (4/15.) He says it looks good, I turn in the keys and he said he'd get back to me about the deposit. Now, a couple of things get tricky here.

Oregon State Law says that the Landlord has 31 days after the final inspection and the keys get turned in to return a deposit and/or send an invoice with the money that he's taking out of it. Now, while I did turn in keys after the inspection, there were five keys total and I was only able to return three that day. A front door key from an old roommate and the key to the side door of the garage got misplaced while I was moving. I found them and turned them in two weeks later. Even more confusing, the rental agreement we signed initially says that he'd return the deposit back within 15 days. I've decided to use 5/16 as the deposit deadline as that is the legally limit of 31 days after the the house was inspected and I turned in 3/5 keys. For now I'm not using the 15-day timeframe that he set in the contract, but may come back to it if this gets to court.

As we started getting close to the month mark, I sent him an email and received no response. A few days later I sent a more sternly worded email with vague threats of legal action, also with no response. All correspondence in the past with the Landlord has been done via email at his request it's very unlikely that he isn't aware I'm emailing him. I've now written a letter stating that his deposit is late, he now owes the entire amount with no allowance for deductions, and that if he does not send it to me within a week that I will immediately begin pursuing legal action. If he doesn't respond by next week I'll be sending it out via First Class mail (and getting a certificate of mailing) on the 15th. It should arrive on the 16th since we live in the same city.

In addition to the emails and letter, I picked up a small claims form and filled it out with my ex-roommate as a co-defendant and am ready to file it as soon as the week that I give him is up. I have the housing contract, pictures of the deteriorated condition that the porch and electrical system were in, pictures of the house from when I moved out, and a former roommate plus four people who helped me move in willing to testify about the condition of the house when the lease started in case he decides to claim that we trashed it and he's keeping the deposit.

That about does it. Anything I might be forgetting or should approach differently?


TL;DR - Moved out of a house last month after giving the landlord 30 days notice and a proper forwarding address, still haven't got the deposit or an invoice back after multiple inquiries on its status. State's deadline is 31 days and that's up next week. If he doesn't pay I'm sending a letter demanding an immediate return of the entire deposit on the first day it's late and I'll be filing a case in small claims court a week later. Does this seem like the best course of action?

Redjakk fucked around with this message at 01:28 on May 12, 2012

woozle wuzzle
Mar 10, 2012

Charmmi posted:

Hey guys I've got a pretty quick question. A friend of my sister's is going through a divorce in Virginia. They've been married five years and she quit her job to be a full-time mom two years ago. She wants alimony on top of child support. If she and her husband can't reach an agreement, she's going for a fault-based divorce. He did cheat on her and she has evidence in the form of sms messages, facebook conversations, IM logs and his own admission. What does she have to do to make those computer-based conversations admissible? My own research turned up some "forensics" programs that will make a copy of a computer's hard drive but they say you should buy a fresh drive and a write blocker to put the copy on. Is that overkill? I don't imagine that simple print outs would work. How can she prove that she didn't mess with the data?

Yeah, her lawyer will handle that. But they may well decide not to go for fault based divorce. It's tough to prove, and even if you do it doesn't necessarly provide what you want. The fact that he cheated doesn't equate to alimony. In VA it just bars him from collecting certain property against her. For example, if she was queen moneybags, but he cheated, she could be protected from paying him support. (I'm in va) But it doesn't go the other way around.

She'll want a local attorney either way, but it wouldn't suprise me if they recommend going no-fault.

ibntumart
Mar 18, 2007

Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.
College Slice

Charmmi posted:

Hey guys I've got a pretty quick question. A friend of my sister's is going through a divorce in Virginia. They've been married five years and she quit her job to be a full-time mom two years ago. She wants alimony on top of child support. If she and her husband can't reach an agreement, she's going for a fault-based divorce. He did cheat on her and she has evidence in the form of sms messages, facebook conversations, IM logs and his own admission. What does she have to do to make those computer-based conversations admissible? My own research turned up some "forensics" programs that will make a copy of a computer's hard drive but they say you should buy a fresh drive and a write blocker to put the copy on. Is that overkill? I don't imagine that simple print outs would work. How can she prove that she didn't mess with the data?

Disclaimer: I am not your lawyer or your sister's friend's lawyer, not a lawyer in the relevant jurisdiction, and this is not legal advice or offer of representation.

A cursory Google search of Virginia at-fault divorce indicates either he or she needed to have moved out after finding out about the adultery. Whether that's true or not, an at-fault divorce is by its very nature going to be more complex than a no-fault divorce, so she really should not go this alone.

Also, if she used a keylogger to get any of this information, that probably ran afoul of Virginia's computer trespass law.

She really should speak to a family law attorney.

Lord Gaga
May 9, 2010
I am in Florida and have a labor law question regarding the law linked below.

http://law.onecle.com/florida/labor/448.01.html

I have recently been hired at a place where many of my coworkers work 10 or more hours a day with no overtime compensation. Is that legal in Florida? This place seems pretty clueless about FLSA regs as I have never once seen a poster and the person who hired me (A professional in industry, not an HR person) didn't even know that overtime was due for people working over 40 hours per week. The 40 hours per week is not a problem as I am unlikely to work that much but I worked for 12 hours just a few days ago.

Am I entitled to two hours of overtime as a research assistant or is that not considered manual labor as used in the statute?

woozle wuzzle
Mar 10, 2012
Looking at that law, I'd think most employers would use the out of including it in your contract. Like a salaried person on contract to work "as long as it takes" is not going to be subject to that law. So I'd look to your contract first.

BirdOfPlay
Feb 19, 2012

THUNDERDOME LOSER
A law question I've been itching to ask about DUI/DWI's. And before anyone asks:
THIS IS PURELY HYPOTHETICAL

Ages ago I read an online rant/dissertation about drunk driving laws and how they violate Maranda (self incrimination being the major one used throughout). It could've been written by kook of the "Income Tax is Illegal" variety (hell I feel like the guy called himself Dr./Prof. DWI/DUI/Drunk Driving). The hitch is that this cat was a practicing attorney/lawyer specializing in DUI cases. The main thing he focused on is how, even though the various procedures used by cops (breathalyzers being a big one) target DUI enforcement were patently illegal, the Supreme Court (or District courts) found a "DUI exception" to the traditional rule of law.

For example, with breathalyzers, he states, the police aren't required to preserve a sample of the defendant's breath for the defense to then retest for trial. Meaning that the defense cannot prove that the machine was out of whack or did not measure it properly. Also, on the same token, the police aren't required to take a blood sample at the time for more accurate testing.

Was that guy a kook or is there some truth behind this? I've never dealt with a DUI anywhere, so I don't know the procedure and, I wouldn't deny, I have some problems that the law is based on BAC instead of impairment.

Lord Gaga
May 9, 2010

woozle wuzzle posted:

Looking at that law, I'd think most employers would use the out of including it in your contract. Like a salaried person on contract to work "as long as it takes" is not going to be subject to that law. So I'd look to your contract first.

I didnt sign any contract and nothing to the effect of I waive any Florida statute saying I cant get overtime over 10hr/day. I just dont know if I count as a manual laborer. I also didnt get an employee manual or anything to sign even though I specifically requested one today and the lady hiring me was like...uhhh...I'll have to look in to that.

My paper work was: Pretty limited confidentiality agreement, direct deposit approval, W4, I9, Emergency Medical coverage, demographic form, reimbursement/purchasing policy (not mentioned here), retiree form.

This is an organization that has over 10000 employees and a budget of over $1 billion/yr.

Lord Gaga fucked around with this message at 06:18 on May 12, 2012

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

BirdOfPlay posted:

A law question I've been itching to ask about DUI/DWI's. And before anyone asks:
THIS IS PURELY HYPOTHETICAL

Ages ago I read an online rant/dissertation about drunk driving laws and how they violate Maranda (self incrimination being the major one used throughout). It could've been written by kook of the "Income Tax is Illegal" variety (hell I feel like the guy called himself Dr./Prof. DWI/DUI/Drunk Driving). The hitch is that this cat was a practicing attorney/lawyer specializing in DUI cases. The main thing he focused on is how, even though the various procedures used by cops (breathalyzers being a big one) target DUI enforcement were patently illegal, the Supreme Court (or District courts) found a "DUI exception" to the traditional rule of law.

For example, with breathalyzers, he states, the police aren't required to preserve a sample of the defendant's breath for the defense to then retest for trial. Meaning that the defense cannot prove that the machine was out of whack or did not measure it properly. Also, on the same token, the police aren't required to take a blood sample at the time for more accurate testing.

Was that guy a kook or is there some truth behind this? I've never dealt with a DUI anywhere, so I don't know the procedure and, I wouldn't deny, I have some problems that the law is based on BAC instead of impairment.
Yes, there is basically a DUI exception for many things.
The breath test thing is true, though in many states (like California) you have the right to demand a blood draw in addition, so you can use that in your defense. They don't do a good job telling people about this.

bigpolar
Jun 19, 2003

Lord Gaga posted:

I am in Florida and have a labor law question regarding the law linked below.

http://law.onecle.com/florida/labor/448.01.html

I have recently been hired at a place where many of my coworkers work 10 or more hours a day with no overtime compensation. Is that legal in Florida? This place seems pretty clueless about FLSA regs as I have never once seen a poster and the person who hired me (A professional in industry, not an HR person) didn't even know that overtime was due for people working over 40 hours per week. The 40 hours per week is not a problem as I am unlikely to work that much but I worked for 12 hours just a few days ago.

Am I entitled to two hours of overtime as a research assistant or is that not considered manual labor as used in the statute?

Florida's labor laws are pretty lovely, if you don't have a timecard where you punch in and out, they are probably going to claim that you are an "exempt" employee, even though you are not. If you have unlimited money, you could sue them, but if it is a state agency they will claim sovereign immunity and refuse to pay without an act of the Florida legislature. If it is a private company, your damages are limited and probably won't cover your legal fees.

Realistically, you have 2 options: 1)find another job 2)keep working, but report the company to the federal department of labor (if it is a small company this will probably go nowhere). A temp job I did a couple of years ago got reported to the DOL(not by me), and I just got a decent check for back wages.

Florida's state DOL is useless and exists mainly to rubber stamp whatever policies sunkist and dixie sugar want to apply to farm workers this year. Don't expect anything from them.

Lord Gaga
May 9, 2010

bigpolar posted:

Florida's labor laws are pretty lovely, if you don't have a timecard where you punch in and out, they are probably going to claim that you are an "exempt" employee, even though you are not. If you have unlimited money, you could sue them, but if it is a state agency they will claim sovereign immunity and refuse to pay without an act of the Florida legislature. If it is a private company, your damages are limited and probably won't cover your legal fees.

Realistically, you have 2 options: 1)find another job 2)keep working, but report the company to the federal department of labor (if it is a small company this will probably go nowhere). A temp job I did a couple of years ago got reported to the DOL(not by me), and I just got a decent check for back wages.

Florida's state DOL is useless and exists mainly to rubber stamp whatever policies sunkist and dixie sugar want to apply to farm workers this year. Don't expect anything from them.

Look a couple posts up for some more info. This is a big company.

Honestly this job is awesome and is pretty much making me the literally perfect ideal candidate for jobs that I'd really like upon graduation that will pay 60k+. The pay is WAY below my skill set but the actual work is very interesting, challenging and I am fitting in well with the team. I keep a log of my time on official time sheets since I sometimes work from home and set my own hours. Time and a half would put me at the low end of what I could make using my skills at a less convenient, less interesting job that I'd probably not be able to set my own hours at like I can here.

Again my question mostly centered around being unable to find a definition of "manual laborer" in the Florida statutes so I was hoping for clarification from a lawgoon.

ibntumart
Mar 18, 2007

Good, bad. I'm the one with the power of Shu, Heru, Amon, Zehuti, Aton, and Mehen.
College Slice
I have no idea what Florida considers manual labor for the purpose of OT. Your state equivalent of the Department of Labor should be able to clarify that for you, though.

I will say that looking at the statutes in the link you provided, it does seem like your employer should have a poster up at the very least.

Also, keep in mind that the federal Fair Labor Standards Act also applies. You're entitled to overtime for any hours worked over 40 in a work week, which I know doesn't apply to your scheduled hours, but some of those folks working 10+ hour days regularly might have been getting short shrift come payday.

Lord Gaga
May 9, 2010

ibntumart posted:

I have no idea what Florida considers manual labor for the purpose of OT. Your state equivalent of the Department of Labor should be able to clarify that for you, though.

I will say that looking at the statutes in the link you provided, it does seem like your employer should have a poster up at the very least.

Also, keep in mind that the federal Fair Labor Standards Act also applies. You're entitled to overtime for any hours worked over 40 in a work week, which I know doesn't apply to your scheduled hours, but some of those folks working 10+ hour days regularly might have been getting short shrift come payday.

Yes, I am very concerned about them. Honestly I could work this job for 2 years and never get out of small claims court money which IIRC is $3000 in my area if they never paid me a cent of overtime. I am not afraid to take them to court either, hell it'd probably be interesting and fairly easy. My colleagues, however, seem to have drank the "I am getting paid to learn" cool aid not understanding that they're doing research that is likely to lead to lucrative patents and contracts for the company. Its a company that had over 1 billion in expenditures last FY. The company will still do just fan-loving-tastic if all 4-8 of them get the paltry $50 or so extra per week they are legally owed and that is preventing at least one of them from moving out of his parents.

Hopefully a lawgoon will chime in on whether a person doing research and making things counts as manual labor.

Thermopyle
Jul 1, 2003

...the stupid are cocksure while the intelligent are full of doubt. —Bertrand Russell

I'm just idly wondering about this...

Someone signed up for a paid subscription service from Microsoft but accidentally used my email address I guess (or maybe put my email address into their account options as a secondary address). Microsoft sends this person an email or two a month about renewing their subscription.

I contacted Microsoft via email and via phone one day just because I felt like it. They say there's nothing they can do about it because I'm not the account holder. I'd have to contact the account holder to remove my email from their account...but they won't give me their contact information (which I understand).

So basically, Microsoft sends me unsolicited email every month and won't stop.

Could I sue them in small claims court in Missouri?

ChubbyEmoBabe
Sep 6, 2003

-=|NMN|=-
Is there somewhere I can read the "more to the story" (court docs etc.) of this case:

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/index.html

The news details just don't add up.

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Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!

Thermopyle posted:

I'm just idly wondering about this...

Someone signed up for a paid subscription service from Microsoft but accidentally used my email address I guess (or maybe put my email address into their account options as a secondary address). Microsoft sends this person an email or two a month about renewing their subscription.

I contacted Microsoft via email and via phone one day just because I felt like it. They say there's nothing they can do about it because I'm not the account holder. I'd have to contact the account holder to remove my email from their account...but they won't give me their contact information (which I understand).

So basically, Microsoft sends me unsolicited email every month and won't stop.

Could I sue them in small claims court in Missouri?

This happens to me all the time, because I happened to be the first to snatch up [lastname]@isp.com and [lastname]@me.com. The vast majority of such emails have a simple "unsubscribe" link at the bottom that will allow you to opt out without having to log in. Yours may be one of the few that don't give you that option if it's tied to a windows live account or something to that effect. In those cases, what I might hypothetically do is reset the user's password, at which point the new password is emailed to me and I can log in and change the email address to random gibberish. Obviously that is probably technically illegal, particularly with a paid account that has someone's payment info in it, so I wouldn't actually recommend doing it.

Choadmaster fucked around with this message at 21:46 on May 12, 2012

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