On January 1st, 2009, laws mandating stores sell only cigarettes that are slow-burning and comprised of fire-safe paper went into effect in Delaware, Iowa, Oklahoma, Pennsylvania and Texas. Fifteen other states have laws that will take effect this year or next, according to the Coalition for Fire-Safe Cigarettes.

The paper on these cigarettes is thicker in two separate areas so they will extinguish (if not puffed) when they burn to these spots. This was designed to prevent fires caused by unattended cigarettes. It is estimated that about 800 Americans die each year in fires caused by careless smoking.

“There has been a rash of smoking materials deaths,” Oklahoma Fire Marshal Robert Doke said Monday. “A cigarette will fall into overstuffed furniture or mattresses when people fall asleep, or it rolls off an ashtray and on to the carpet, then the possibility for ignition happens. This cigarette is supposed to snuff out before it can cause enough heat to start a flame.”

States that have already implemented fire-safe cigarette laws are New York, Vermont, California, Oregon, New Hampshire, Illinois, Maine, Massachusetts, Kentucky, Montana, New Jersey, Connecticut, Maryland, Utah, Alaska, Rhode Island and Minnesota, as well as the District of Columbia. Idaho, Indiana, Kansas, Colorado, Arizona, Washington, Louisiana, Hawaii and Wisconsin have laws that take effect this year. Florida, Georgia, North Carolina, Tennessee, Virginia and South Carolina have laws that will take effect in 2010.

A New Year brings new laws across the United States. Some laws will have a small impact; others will be felt by thousands, if not millions of people. Some of these laws include the no-texting while driving law in California, no trans-fat in fast food restaurants law for Oregon, and a referendum that bans non-married, cohabitating couples from fostering or adopting a child in Arkansas. To find out more about the new laws in your state, simply visit your state’s home page (e.g. www.ca.gov for California, etc.)

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Sholom Rubashkin, the former manager of the largest U.S. kosher meatpacking plant, Agriprocessors, was arrested on October 30, 2008, by U.S. Immigration and Customs Enforcement (ICE) agents on federal conspiracy charges of harboring illegal immigrants and aiding and abetting aggravated identity theft, federal officials said.

Rubashkin was arrested in Postville, Iowa, home to the kosher plant, and faces three counts: conspiracy to harbor illegal aliens for profit, aiding and abetting document fraud, and aiding and abetting aggravated identity theft. If convicted, the first two counts carry a maximum sentence of 10 years in prison and fines of up to $250,000. The third count carries a mandatory consecutive sentence of two years. On Wednesday, October 29, Agriprocessors was fined nearly $10 million by Iowa Labor Commissioner Dave Neil over accusations that it violated state wage laws. The company has 30 days to appeal.

ICE agents raided the Agriprocessors plant on May 12, 2008, and arrested 389 illegal aliens, most of whom pleaded guilty to identity theft charges in trials that lasted less than two days. Officials claim this was the largest single-site immigration bust in U.S. history.

“None of the undocumented alien workers were in possession of documents allowing them to work or reside in the United States legally,” the affidavit against Rubashkin says. “During the execution of the warrants, agents discovered and seized dozens of fraudulent permanent resident alien cards from offices within the human resources department at Agriprocessors.”

The Immigration Reform and Control Act (IRCA) prohibits employers from hiring illegal aliens and requires employers to verify the work eligibility status of applicants. Employers who employ aliens not lawfully admitted to the U.S. are subject to substantial monetary fines and possible imprisonment. Between Oct. 1, 2006 and Sept. 30, 2007, ICE fined employers more than $30 million for violating immigration laws. ICE arrested 92 employers and 771 employees. The agency also began deportation proceedings for more than 4,000 people who were working in the country illegally.

Although the perks that come with hiring undocumented workers is tempting for U.S. companies; i.e. not having to comply with minimum wage laws, not having to pay taxes or insurance on illegal employees, etc., as demonstrated by the possible fate of Sholom Rubashkin, the risks undoubtedly outweigh the benefits. For more information on immigration labor laws, visit the United States Citizenship and Immigration Services (USCIS) at http://www.uscis.gov/portal/site/uscis, or contact an experienced Immigration attorney in your area today.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

For new immigrants, this guide will help you get started in your new life as an American reident.  It also summarizes important information about agencies and organizations that provide documents or essential services.  While the guide is very comprehensive, it is just a start.  For more information about becoming a citizen, or to discuss your legal rights in more detail, contact an immigration attorney today.

And for some fun while you’re learning about immigration – Watch Immigration Videos!

So you have had it with that job! It’s time to get what you’ve got coming to you, and bid farewell. Although most states require employers to give departing employees their final paychecks in reasonable time, these time limits vary depending on whether the employee quit or was fired. State laws have been established to dictate the timing of final paychecks. If an employer fails to pay a departing employee within these time limits, the employer may be subject to penalties such as accrued interest and attorney fees, if the employee had to pursue legal action.

Here is a breakdown of the mandated delivery of final paychecks, listed by state:

• Alabama: No statute.
• Alaska: If employee is fired: three days. If employee quits: next regular payday at least three days after employee gives notice.
• Arizona: If employee is fired: within three days or next payday, whichever is sooner. If employee quits: next payday.
• Arkansas: If employee is fired: within seven days. No statute if employee quits.
• California: If employee is fired: immediately. If employee quits: within 72 hours, or immediately if employee has given at least 72 hours’ notice.
• Colorado: If employee is fired: immediately. If employee quits: next scheduled payday.
• Connecticut: If employee is fired: next business day. If employee quits: next scheduled payday.
• Delaware: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• District of Columbia: If employee is fired: next business day. If employee quits: next scheduled payday or within seven days, whichever is sooner.
• Florida: No statute.
• Georgia: No statute.
• Hawaii: If employee is fired: immediately. If employee quits: next scheduled payday or immediately, if employee gives one pay period’s notice.
• Idaho: If employee is fired: next payday or within 10 days, whichever is sooner. If employee quits: next payday or within 10 days, whichever is sooner.
• Illinois: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Indiana: If employee is fired: next scheduled payday. If employee quits: next scheduled payday. If employee has not provided a forwarding address, employer may wait until ten days after employee demands wages or provides an address where the check may be mailed.
• Iowa: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Kansas: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Kentucky: If employee is fired: next scheduled payday or within 14 days, whichever is later. If employee quits: next scheduled payday or within 14 days, whichever is later.
• Louisiana: If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday or within 15 days, whichever is earlier.
• Maine: If employee is fired: next scheduled payday or within two weeks after demand, whichever is earlier. If employee quits: next scheduled payday or within two weeks after demand, whichever is earlier.
• Maryland: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Massachusetts: If employee is fired: immediately. If employee quits: next scheduled payday or the Saturday following the employee’s resignation, if there is no scheduled payday.
• Michigan: If employee is fired: next payday. If employee quits: next payday.
• Minnesota: If employee is fired: immediately. If employee quits: next payday. If payday is less than five days after last day of work, employer may pay on the following payday or 20 days after last day of work, whichever is earlier.
• Mississippi: No statute.
• Missouri: If employee is fired: immediately. No statute if employee quits.
• Montana: If employee is fired: immediately. If employee quits: next payday or within 15 days, whichever is earlier.
• Nebraska: If employee is fired: next scheduled payday or within two weeks, whichever is earlier. No statute if employee quits.
• Nevada: If employee is fired: immediately. If employee quits: next scheduled payday or within seven days, whichever is earlier.
• New Hampshire: If employee is fired: within 72 hours. If employee quits: next scheduled payday or within 72 hours, if employee gives one pay period’s notice.
• New Jersey: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• New Mexico: If employee is fired: within 5 days. If employee quits: next payday.
• New York: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• North Carolina: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• North Dakota: If employee is fired: next payday or within 15 days, whichever is earlier. If employee quits: next payday.
• Oklahoma: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Oregon: If employee is fired: end of next business day. If employee quits: immediately if employee has given 48 hours’ notice. Without notice, within five days or the next payday, whichever occurs first.
• Pennsylvania: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Rhode Island: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• South Carolina: If employee is fired: within 48 hours or next scheduled payday, but not more than 30 days. No statute if employee quits.
• South Dakota: If employee is fired: next payday or when employee returns employer’s property. If employee quits: next payday or when employee returns employer’s property.
• Tennessee: If employee is fired: next scheduled payday or within 21 days, whichever is later. If employee quits: next scheduled payday or within 21 days, whichever is later.
• Texas: If employee is fired: within six days. If employee quits: next payday.
• Utah: If employee is fired: within 24 hours. If employee quits: next regular payday.
• Vermont: If employee is fired: within 72 hours. If employee quits: next scheduled payday or, if no scheduled payday exists, the next Friday.
• Virginia: If employee is fired: next scheduled payday. If employee quits: next scheduled payday.
• Washington: If employee is fired: next pay period. If employee quits: next pay period.
• West Virginia: If employee is fired: within 72 hours. If employee quits: immediately if employee has given one pay period’s notice; otherwise, next regular payday.
• Wisconsin: If employee is fired: next payday or within one month, whichever is earlier. If termination is due to merger, relocation, or liquidation of business, within 24 hours. If employee quits: next payday.
• Wyoming: If employee is fired: five business days. If employee quits: five business days.

For more information on these state statutes, contact a Lead Counsel Labor and Employment attorney in your area today.

LawInfo’s Attorney Directory. LawInfo’s Lead Counsel Program provides a simple, convenient, and reliable way to find qualified legal representation you can count on. LawInfo conducts an extensive screening and selection process before attorneys are listed in the directory, including multiple peer recommendations, license certification and in-house verification that the attorneys are in good standing with their state bar associations. 

LawInfo also provides a comprehensive profile for each attorney that outlines their experience, education, areas of practice, fees, and perhaps most importantly, their general philosophy of practicing law. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost that may be involved for your case, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged. For more information see www.lawinfo.com.

Personal Referrals. Asking someone who has been in a similar situation to the one you’re facing may yield some good recommendations.  Do your friends, family members, co-workers or employers know of any attorneys who’ve dealt with this kind of thing?  How was their experience?  Did they like their attorney?  Were they satisfied with the outcome?  Did their attorney do a good job for them?   After you’ve spoken to a handful of people, you may come away with several referrals.  You might take your inquiries out into the community as well – don’t be afraid to ask teachers, doctors, social workers, ministers or other lawyers in your community for the name of an attorney.

Certified Lawyer Referral Services. State Bar associations may have a certified lawyer referral service program. This type of service refers potential clients to program attorneys after interviewing them to determine details of the situation. (There is usually a small charge for the initial consultation with a lawyer.)

Advertisements. Many law firms advertise in the Yellow Pages, newspapers or other local publications in your area.  However, the ads may only give you basic information such as firm name, address, and practice areas, which unfortunately isn’t much help when it comes to figuring out if the attorney will be the right fit for your situation.

Public Interest Groups. Non-profit public interest organizations, such as groups concerned with civil liberties or the environment, may be able to help.  These groups may have staff attorneys who might be able to handle your individual case, while others provide legal help to groups of people. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection.

Free Legal Aid or Pro Bono Lawyers. While many attorneys may offer free consultations, most private attorneys charge a fee for their advice and representation.  However, there may be free legal aid agencies or low-income legal clinics that may be able to help you with your legal issue if you simply can not afford an attorney.  Some private attorneys may even take your case on a “pro bono” basis, which means the fees (or a portion of the fees) may be waived. 

Dispute Resolution Programs. Many communities have programs that can help you and another person “mediate” or work out problems instead of going to trial.

Prepaid Legal Services Plans. Similar to medical insurance, this “legal insurance” may cover the kind of legal work you need. Typically, the premiums you pay entitle you to a certain amount of a lawyer’s time or to a lawyer’s services at a reduced rate.

Remember: never make a decision about an attorney solely on the basis of someone else’s suggestion. An attorney’s style and personality cannot be entirely gauged by viewing a web site, yellow page ad or a simple phone conversation. Don’t make up your mind about hiring an attorney until you’ve met with them, discussed your case, and decided that you feel comfortable working with them. The bottom line is that there are many, many attorneys; you just need the “right” one.

U.S. businesses utilizing the H-1B program should be aware of the new cap on the number of visa petitions allowed for fiscal year 2009.  The new rule prohibits employers from filing multiple H-1B petitions for the same employee.

For those of you who do not already know, the H-1B program is one of several “temporary worker” nonimmigrant visa programs.  It allows U.S. based companies to employ foreign individuals in the U.S. for certain “specialty occupations” on a temporary basis including scientists, engineers, and computer programmers.   The demand is very high in the U.S. for these skilled workers needed particularly for high tech companies and hundreds of thousands of applications are filed each year.  However, U.S. law limits the USCIS from granting no more than 65,000 new H-1B visas per fiscal year, with a few limited exceptions.  In recent years, the cap on petitions has been easily met within the first few days of USCIS accepting applications.

Since there are more applications received than there are allowable visas, USCIS in part utilizes a random selection process in reviewing applications.  To increase their chances at winning the “lottery” for a petition, some employers were playing the numbers game and filing multiple petitions for the same prospective employee in an effort to increase the chances of being one of the lucky recipients.  Given the inherent unfairness in the game, the new rules cap the number of petitions that may be filed for any one employee.  The cap rule is intended to level that playing field and ensure businesses have an equal chance to obtain an H-1B visa.    

Learn more about the 2009 H-1B and H-2B visa programs from the USCIS.  See USCIS Fact Sheet and Questions and Answers about the new rule. 

Beginning June 16, 2008, the U.S. Citizenship and Immigration Services (USCIS) will accept requests for Premium Processing Services for I-140 petitions (Immigrant Petition for Alien Worker).  The I-140 form is used to petition the USCIS for an immigrant visa based on employment.  The alien worker does not file this form.  Rather, the employer files the petition on behalf of the immigrant worker. 

According to the USCIS website, the Premium Processing Service for Form I-140 petitions is limited to applications that are filed on behalf of aliens: (i) whose sixth year will end within 60 days; (ii) who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and (iii) who are ineligible to extend their H-1B status under section 106(a) of AC21.

Learn more here:  How to Use the Premium Processing Service. 

For more information, contact a Lead Counsel attorney in your area today. LawInfo’s Lead Counsel attorneys can be found in virtually every area of law, including personal injury, criminal law, immigration law, family law, and business law, and are available to provide skilled and qualified legal representation.