Harassment laws, though there are several federal laws in place that protect your rights nationally, can vary by state.

Definitions of criminal harassment, for example, may have slight variations state-to-state. This article focuses specifically on the laws in Idaho, especially the “panhandle” area of North Idaho which is often viewed as a separate area than the lower section of Idaho.

Before going any further, the first thing you should always do when you believe that harassment has taken place is to report it, preferably to a lawyer that specializes in this type of prosecution. This is especially true if the crime takes place at work, and you worry that reporting it to your superiors will result in little or no action, or put your employment at risk.

If you live in North Idaho, then obviously you’ll want to get a North Idaho lawyer that specializes in sexual harassment law.

Idaho Sexual Harassment Laws

As in all states, in Idaho workplace discrimination based on race, creed, sex, or disability is illegal. Furthermore, in Idaho it is also illegal to discriminate based on sexual preference.

In highly conservative areas (such as North Idaho) where homosexuality is considered taboo or otherwise unacceptable, those who are gay will often try to hide the fact out of fear for their jobs. And if word ever gets out, persecution can explode as ignorant coworkers play pranks, make comments, or harass in other ways as a method of making the workplace so miserable that the target of the attacks can no longer stand to work there.

The same can happen when women enter a male-dominated workforce (or vice versa), or even when a conservative straight man takes on a job at a gay-friendly company. What many people don’t realize is that what can seem at first to be discrimination against a disabled person can also be construed as sexual harassment if the discrimination involves any kind of sexual connotation (for example, coworkers wondering out loud how a disabled person “does it” or the use of crutches in sexual acts, and so forth).

In any case, sexual harassment happens when any type of unwelcome sexual advance occurs, whether verbal, physical, or implied. This can include any type of request for a sexual favor, any unwanted sexually explicit talk (which can be construed as verbal sexual abuse), or any kind of unwanted physical contact, and even the suggestion that somebody might advance faster or be favored for promotion if any type of sexual act is performed.

This type of crime, as interpreted by the law, can happen even by unwanted comments that have any sexual connotation at all.

In a conservative area such as North Idaho, being out of the norm can result in a hostile work environment for anybody who isn’t “normal” or has ideas outside of the norm. If it results in any type of harassment, then the best thing to do is contact North Idaho sexual harassment lawyers that understand the community where you live, and have experience dealing with this type of criminal prosecution in that area.

Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/sexual_harassment.html) specialize in Idaho state law, and retain in the services of North Idaho sexual harassment lawyers that both understand the law and the attitudes of the community where they practice.

Wireless communication has dramatically improved daily life, but mobile phone technology also has a dramatic downside: the proliferation of cell phone use by drivers has made the roads considerably more dangerous.

Cell Phones are a Leading Cause of Driver Distraction

A joint study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech
Transportation Institute in April 2006 concluded that nearly 80 percent of car crashes and 65 percent of near-crashes occur within three seconds of some kind of driver distraction. Dialing a cell phone ranked among the most dangerous distractions, tripling the risk of being involved in an auto accident. Unlike the danger presented by dialing, the study found that talking on a cell phone was less dangerous than drowsiness or reaching for a falling object. However, the prevalence of cell phone use by drivers makes it one of the most common and therefore most dangerous factors in car and truck crashes. According to the NHTSA, there are over 10 million U.S. drivers talking on cellular phones at any given moment, an alarming figure given the link between cell phones and distracted driving.

Cell Phones Bans on the Rise

In response to the increasing evidence linking cellular phone use and auto accidents, a number of states have started to ban their use on the roads. States with legislation restricting cell phone use while driving include New York, New Jersey, Washington, D.C. and Connecticut. In 2008, California will join the ranks of states banning hand-held phone use by drivers. In addition, according to the National Conference of State Legislatures, 14 states have banned mobile phone use by minors as of November 2006.

Hands-Free Is No Safety Guarantee

Many drivers have switched to hands-free mobile phone devices in an effort to cut down on their risk of being involved in car accidents. However, recent evidence suggests that even a hands-free cell phone presents a danger on the road. According to the Insurance Institute for Highway Safety study conducted in Perth, Australia in 2005, switching from hand-held cell phones to hands-free devices does not reduce the risk of car crashes. A recent study conducted by the University of Utah and published in the summer 2006 issue of Human Factors also concludes that hands-free cellular phones carry the same risk as hand-held phones. Evidence on hands-free phones continues to indicate that talking on the phone is a dangerous distraction, reducing driver alertness and reaction time, regardless of the type of cell phone being used.

In the event that you are involved in a car or truck accident in which a cellular phone has played a part, contact a knowledgeable personal injury attorney right away. Your auto accident lawyer can help you file a suit, if appropriate, and possibly recover damages to which you may be entitled.

LegalView.com is your source for everything legal. Visit http://legalview.com. Visitors to LegalView.com can get help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a car accident lawyer at http://crash.legalview.com

It is the hope of all people that place an elderly loved one in a nursing home or other care facility that they will never need the services of a nursing home abuse lawyer. For most of these people, this will be the reality.

However, there are times when the services of an elder abuse lawyer are needed, and recognizing that is important. Naturally, people should not call in a nursing home negligence attorney every time their elderly relative has a bump, but a pattern of falls, slips, cuts, bruises, or other problems could indicate a pattern of elder abuse or nursing home neglect.

Even someone that is accident prone should not get injured that much, and those that work in a home or other elder care facility should watch out for individuals that seem to get injured a lot, to try to prevent them from getting hurt.

When an elderly loved one seems to be getting injured a lot, or when he or she indicates clearly that there is abuse or neglect, it should not be ignored. Elder abuse and nursing home neglect are real problems, and they can happen to anyone.

When they do, an elder abuse lawyer should be contacted by others to ensure that compensation is received and that the abuse of the wronged party (and others in the facility) is stopped. Both of these are very important aspects of a lawsuit. Sometimes a nursing home abuse lawyer can get a case settled out of court.

Other times, a nursing home negligence attorney will have to take a home or other elder care facility to court in order to ensure that a wronged party is compensated and the abuse at a particular facility is stopped.

Sometimes, there might not be enough evidence to make a case, but that does not mean that a person who suspects elder abuse or nursing home neglect should ignore it. An elder abuse lawyer can tell a person whether he or she has a case, and there is generally no charge for this type of consultation.

In addition, an elder abuse lawyer often does not get paid unless he or she takes the case and wins it, so those with low finances need not suffer without help. Even people who are poor can hire a nursing home negligence attorney for an elder abuse case, allowing them the chance to protect their loved one and other elderly individuals, as well as receive compensation for the pain and suffering that was endured.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

The services of a nursing home abuse lawyer are sometimes needed. Naturally, no one likes to think that his or her relative would be the victim of elder abuse or nursing home neglect. However, it can and does happen, even in nursing homes and other elder care facilities that are thought to be good and safe.

This does not mean that it happens all the time or that elderly people are in danger, but it does mean that anyone who places his or her relative in a nursing home or other facility should be aware that nursing home neglect or elder abuse can happen. If signs of it are seen, it should be investigated in order to ensure that there is no actual endangerment taking place.

Many things that people might think are abuse or neglect, such as an elderly person being injured, are honest accidents and do not need the services of an elder abuse lawyer. However, it is still important to be sure that there are no actual problems taking place.

If someone thinks that his or her relative has been the victim of elder abuse or nursing home neglect, whether physical or mental, and there is evidence of this crime, he or she should then contact a nursing home negligence attorney so that any problems that are taking place can be stopped.

This will, of course, help the elderly person who is being mistreated. However, it will also help the other elderly people in that facility and in other facilities, because a person who is abusing one elderly person is likely abusing others, and a facility that allows this to happen is not nearly as concerned about the residents as it should be.

Other facilities in the area may also have the same type of problem, and this can usually be stopped when they see that another facility has gotten into trouble. It may be stopping abuse for the wrong reasons – only the fear of being caught – but the abuse still stops, which is very important.

A nursing home abuse lawyer can help not only stop elder abuse and neglect, but he or she can also work toward getting compensation that is fair and just for the individual that was wronged and his or her family.

By taking one’s case to a nursing home negligence attorney, the chances of protecting more elderly people go up and the chances for higher monetary compensation to take care of any medical bills and other items also go up. Both of these are very important to future wellbeing.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

The permanent resident card, more commonly known as the green card is a type of identification card that proves of an alien’s legal status as a permanent resident of the United States. Along with the green card comes the individual’s right to reside and take employment in the country. Several rules are imposed to all the green card holders. These rules are bound to be followed in order to preserve their given status. Failure to abide by the said rules will result to consequences such as the cancellation of the permanent resident card or in some cases, the deportation of the individual from the United States.

The application and the processing of documents for the attainment of a green card may take several years. The type of immigrant category in which the applicant belongs to including his country of origin are subjected to careful examinations which makes the whole process lengthy. Normally, an immigrant has to go through a 3 step process in order to obtain a green card.

An immigrant petition must first be filed to the United States Citizenship and Immigration Services (USCIS) by a qualified relative or employer. Only then can the applicant proceed to the second step of the green card processing.

The second step involves the procurement of a visa number in the visa center of the United Stated Department of State (USDOS). Visa numbers however are hard to come by since only a limited number of it is allowed to be released each year. Immigrants usually have to wait very long for this despite the presence of the approval of their petition. Only those with an immediate relative as their petitioner are spared of the trouble of waiting.

With a visa number, the applying immigrant can now proceed to the next step which is the application for an immigrant visa. This can be done in the USCIS or, in the case wherein the applicant is still outside the country, in the nearest US consulate. A series of background checks are done for the adjustment of the immigrant’s status. The individual is than permitted to stay in the US but is not allowed to leave until the application is approved or rejected.

Applicants who really need to leave the country must obtain an advance parole that will allow him to temporarily leave the United States. In cases where the applicant’s work permit has expired before the approval of the green card, the individual is required to get an Employment Authorization Document before he can resume working legally again.

The immigrant receives an LPR status upon the approval of his application. The actual green card will then be mailed to his last known mailing address, thus completing the whole process

Min Zhu is an author, mother, and immigrant from China. For more information visit:
American Green Card

Sometimes, people become too eager to win Green Cards or Permanent U.S. Residence Visas that they tend to overlook some important points that will help them identify whether or not the DV2009 Green Card Lottery that they have joined is lawful and real.

With so many aspiring immigrants joining the Green Card Lottery online, some people have also taken the opportunity to make profit out of them. So, to help you avoid falling for the numerous existing Green Card Lottery scams in the Internet, some facts about this Diversity Visa Program of the U.S. State Department that you need to know are enumerated below:

The real DV2009 U.S. Diversity Visa or Green Card Lottery Program happens every year.

Joining the lottery and applying online is absolutely FREE.

The computer randomly selects 110,000 eligible applicants. But only the first 50,000 of these will be issued Green Cards provided that they are able to comply with the requirements in processing the visa.

Besides the English language, instructions are also provided in French, Arabic, Romanian, Bengali, Spanish, and Russian for the convenience of the diverse applicants.

The local U.S. Consulate or Embassy can help you to translate and comprehend the things written in the application. This benefit from the U.S. Government DOES NOT REQUIRE YOU A FEE.

An agent or a lawyer is NOT NECESSARY when you are filling out the application form as it will only ask for the name, birth date, gender, city/town of birth, country of origin or birth, picture, street address, e-mail address (optional), and phone number (optional) of the applicant. The name, birth date, gender, town/city of birth, country of origin or birth, and photograph of the spouse/children are also asked.

Some countries are considered eligible to join the DV2009 lottery. However, this year’s list of these countries may not be the same with last year’s so it is best to check out your country’s eligibility for the actual year when you will apply.

There are education and/or training requirements for one to qualify. If a selected applicant does not meet any of this, he/she will not be granted a Green Card. Although the educational/training background does not help one win the lottery nor does it increase one’s chances of winning, such qualification is vital because the U.S. wants to ensure that the chosen diverse immigrants will get high-quality careers once they reach the U.S.

Only one DV2009 entry can be sent per year, otherwise, you will be disqualified. However, you can fill out application forms annually.

The U.S. does not send notifications via e-mail, but through surface mails only.

Before joining any Diversity Visa Program, it is crucial that you first examine the reliability and accuracy of the government website that offers such lottery to avoid false assurances and futile effort on your part

Min Zhu, an author and mother who immigrated from China.
For more information on the Diversity Lottery, visit:
DV2009

The State Department of the United States of America ardently warns the public of the several existing impostor websites and/or emails that claim themselves to be official government sites issuing an American Green Card.

Hence, the Federal Trade Commission and Department of State Warnings are widely published to help the people be aware of these fraudulent sites offering Diverse Visa Services for hopeful immigrants.

The Visa Services of the State Department has a direct link to websites of greater than 200 consulates and embassies worldwide. These sites are very useful for those applicants who need help in understanding their application forms.

However, there are non-governmental websites (whose addresses are suffixed with com, net, or org address that provide useful, legitimate, and accurate information related to visa and immigration process and services. But these sites, no matter how accurate their information is, are not in any way endorsed, recommended or sponsored by the U.S. State Department.

There are websites that might attempt to mislead applicants into thinking that they really are official government sites. They may try to require you a payment for the immigration and visa related information, forms, and services that they provide.

They may actually communicate with you through e-mail to convince you to register to their American Green Card Lottery Program. Hence, it is a must that you have to be aware that the services offered by the U.S. Department of State do not actually cost you a single dime unless you win the Green Card lottery. Also, the government will contact or notify you via standard post letters, and not through electronic mails. Hence, you should be extra cautious in sending any personal information, which might be utilized for identity theft or fraud due to these deceitful websites.

The Federal Trade Commission, a national agency that protects the welfare of the citizenry by helping end users to identify, cease, and avoid unfair, deceptive, and fraudulent business practices. The commission enters online, telemarketing, identity fraud/theft and related complaints into the Consumer Sentinel, which is actually a secure database on the internet.

According to the FTC, some lawyers and businesses may pull the wool over your eyes by claiming that they are official affiliates of the U.S. government. They may also claim to have special entry forms or expertise required to join the lottery or that their company never had a rejected lottery entry. Or they could lie further by assuring you that you can still qualify to join the program even if you are from an ineligible country or that they can actually increase your odds of winning.

If you happen to encounter such websites or e-mails, and you desire to file complaints, you may contact the Department of Justice. Doing so can be a great help to prevent other hopeful U.S. immigrants falling for such deceptive pits.

Min Zhu, an author and mother who immigrated from China.
For more information on Green Cards, visit:
American Green Card

With so much great technology on the market these days, it is easier to record conversations than ever before, either over a land line, on a mobile phone or even in-person with a hidden recording device.

Recorded conversations (either tape or digital) are often very helpful in a variety of scenarios. These audio recordings may assist in an investigation of employee misconduct or in business or personal lawsuits, even in potential criminal investigations.

It is very important, however, to make sure that any recording, either of a phone conversation or an in-person conversation, complies with federal and state laws. Otherwise, you may very well open yourself up to criminal charges or civil suits. And it is unlikely that you will be legally able to use the recording for your original purpose.

So, if you’re thinking about recording some phone calls or placing a voice activated recorder in a room to record conversations, you’ll need to take a look at the applicable laws.

The first place to look is at the federal wiretapping statute, also known as the Electronic Communications Privacy Act. Federal law allows phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party to the conversation.

This means that if you are one of the people taking part in the conversation, it can be recorded because one person (you) has consented to the recording. If you are not taking part in the conversation, at least one of the people in the conversation must know about and consent to the recording.

You can’t stop, however, after considering federal law and assume that your recording passes muster. Each state and territory has its own statutes regarding the recording of conversations. Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation.

The 37 states which allow one party consent recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.

The District of Columbia also allows people to record conversations with the consent of only one party. Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts. It could be considered an all party consent state.

The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington.

In California, there is an exception. You can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.

So, the basic rule is that it is illegal to record conversations or communications in which you are not a participant, unless you have consent of at least one, if not all, of the participants.

The obvious exception to this general rule is that law enforcement officials can seek permission from a court to perform no-consent wiretaps as part of a criminal investigation. For the finer points of your own states laws and requirements, you should always consult with an attorney.

Are you thinking about installing Hidden or Surveillance Cameras in your place of business? Many employers consider video and other surveillance key to keeping an honest and productive workplace. It keeps employees on the straight and narrow – no fingers in the till, no time clock funny business, no drinking or drugging on breaks. Many business owners and managers also record or review phone calls and emails from the office.

But employers must be careful not to go too far in their surveillance or they will risk being sued by an employee for an invasion of privacy under federal or state law. This article is an overview of the laws applicable to workplace surveillance – you should always talk to your own attorney to determine exactly what the law is in your state.

VIDEO SURVEILLANCE
There are several variables when considering video surveillance in your place of business. Your choices include visible traditional and dome surveillance cameras or hidden cameras, with or without audio. Each of the variables has potential legal implications. Visible surveillance cameras (not hidden in any way) are generally not illegal if they are in a non-private place.

If the camera records sound as well as video, you must comply with federal and state wiretapping and eavesdropping laws. You will need consent of one or all parties to any recorded conversation, depending on your jurisdiction.

Hidden cameras are a slightly different story. Video recording (without sound) is usually okay, even if the camera is hidden unless the person(s) being recorded has a reasonable expectation of privacy, the taping is done for some illegal purpose or there was trespass to record the video.

Courts across the country are finding with more and more frequency that no reasonable expectation of privacy exists with non-covert video surveillance or even with hidden surveillance if the physical space examined is a public space. Note that, if an employer uses union employees, the employer may be required to notify the union of its intention to use hidden cameras, but probably doesn’t have to disclose where the cameras will be installed.

There is a federal law which makes it a crime to secretly capture photo or video images of people in places and situations in which they have an expectation of privacy. Most states have followed suit. These laws are often referred to as “video voyeurism” statutes.

VIDEO VOYEURISM LAWS
As you can see, surveillance technology has advanced so much over recent years that excellent cameras can be completely hidden from view in a number of different ways. These Spy Cameras are a great tool for many employers but can also be used inappropriately. The federal government and most states have recently passed “video voyeurism” laws.

These laws make it a crime to secretly record or distribute images of people in places where they have a reasonable expectation of privacy, such as bathrooms, dressing rooms, locker rooms, hotel rooms and tanning salons.

The federal law prohibits anyone from recording images of an individual’s “private areas” without consent when that individual has a reasonable expectation of privacy. Every state in the U.S. now has some legal prohibition of video voyeurism or invasion of privacy, except Iowa and Washington D.C. About half of these statutes actually make this kind of video recording a felony. Many have an even harsher punishment for distributing such videos.

You will need to check your home state’s particular laws as the courts from state to state may have differing opinions as to what types of places are expected to be private – bathroom and changing rooms may be “no-brainers” but some states’ courts have even decided that employee break rooms or lunch rooms are “private” for purposes of video surveillance.

OTHER SURVEILLANCE IN THE WORKPLACE
The monitoring of electronic communications such as telephone calls, voicemail, email and IMs is covered by the federal wiretapping and eavesdropping statute – the Electronic Communications Privacy Act. The ECPA does include several business use exceptions to allow employers to perform necessary investigations, protect trade secrets and keep an eye on inventory and receipts.

Under the federal law, the monitoring of things such as email and phone calls is allowed if either the sender or recipient consents or if it is done in the regular course of business. Employers can monitor only equipment which they own and do not have the right to monitor email hosted by a third party (like web-based email programs.

BEST PRACTICES
Whether they have a right to privacy at work or not, many employees find surveillance of any sort offensive. It is good practice for employees to be provided with written notification of the existence or possibility of any monitoring in the workplace – video, audio or otherwise.

Notices can be made a part of a written, distributed policy or a section in the employee handbook. Employees can even be asked to sign a consent to or acknowledgement of the monitoring. If you are cautious, ethical and respectful of your employees and of the law, video and other surveillance in the workplace can be a wonderful tool to keep your business running smoothly and profitably.

The new hands free cell phone law goes into effect on Tuesday, July 1st, 2008, and will impact literally millions of California drivers and cell phone users alike. There are actually two new laws concerning cell phone use and motor vehicle operation that will be enforceable, and this article will provide important information about these new laws.

The first law prohibits all drivers from using handheld wireless telephones while operating a motor vehicle. If you are aged eighteen or over, you are allowed by law to use a hands free headset or device, but under the second new cell phone law, motorists under the age of eighteen are not allowed to use a cell phone, with or without a hands free headset or device, while operating a motor vehicle in the state of California. The only exceptions are calls to medical personnel, law enforcement officials, or other emergency types of calls.

These laws also apply to out of state drivers who do not live in states that have enforceable hands free cell phone laws. The first violation of the hands free cell phone law will result in a fine of twenty dollars, and subsequent convictions can result in fines of fifty dollars with the potential of fines more than triple of the original base amount.

The law does not prevent drivers from dialing a cell phone, and passengers of motor vehicles can operate them without restriction. Bluetooth accessories are considered legal under this new law, as long as both ears are not covered, and the speaker feature of some wireless phones is also allowed under the first hands free law, but the push to talk to feature s not considered legal. Text messaging, while not technically prohibited under the law is still subject to a citation at the discretion of law enforcement officials.

The hands free law is stricter for provisional drivers because it has been statistically shown that teenagers are more likely than older drivers to be involved in accidents and to take risks while driving. While these laws may seem strict, they are designed with automotive safety in mind. The good thing to remember about these laws, is that they will give you the opportunity to pick just the right cell phone accessories, which will probably mean that new innovative, gadgets will be available for cell phone users soon. There are already many of these devices available for purchase online and in stores.