Friday, June 27, 2014

Wisconsin DWD To Innovative Programs Training Workers With Disabilities

Madison, WI (WorkersCompensation.com) – Department of Workforce Development (DWD) Secretary Reggie Newson today announced that DWD is accepting grant applications from businesses to train workers with disabilities under Governor Walker's $35.4 expansion of the Wisconsin Fast Forward worker training program. The expansion is part of the Governor's Blueprint for Prosperity initiative.

Up to $1 million in Wisconsin Fast Forward – Blueprint for Prosperity funds will be available for innovative workforce solutions to train workers with disabilities.

"Persons with disabilities have diverse strengths and skills that help improve a company's bottom line to the benefit of the employer and worker," Secretary Newson said. "Governor Walker is committed to developing Wisconsin's workforce in part through initiatives that encourage employers to hire persons with disabilities, and his Blueprint for Prosperity initiative invests additional Wisconsin Fast Forward funds in this key area."

DWD's Office of Skills Development is overseeing the grant implementation in partnership with the Division of Vocational Rehabilitation (DVR) and the Office of Veterans Employment Services (OVS). The deadline for applications is September 16, 2014.

Highlights of the grant announcement include:
 •Applications are being sought from Wisconsin businesses to train persons with disabilities.
•Potential grants can range from $5,000 to $100,000.
•Potential trainees must be currently receiving Supplemental Security Income or Social Security Disability Insurance and/or veterans with a service-connected disability, and/or eligible DVR consumers.
•OSD will review and evaluate applications and monitor employment and wage outcomes.

Additional considerations will be given to applications that include the following:
 •Working with a DVR Business Service Consultant or OVS Local Veterans Employment Representative in the recruitment of trainees
•Recruiting and training persons with significant disabilities.
•Offering community-based employment at a competitive wage.
•Committing to inclusive recruitment and hiring practices that include workers with disabilities after the end of the grant period.

Earlier this year, Governor Walker signed legislation under Blueprint for Prosperity that added $35.4 million to the Wisconsin Fast Forward worker training program. The expansion targeted three areas, including grants to reduce wait lists at Wisconsin technical colleges, grants for collaborative projects among high schools, technical colleges, and employers to train high school students in industry-recognized certifications, and grants that enhance employment opportunities for workers with disabilities.

Under Governor Walker’s Blueprint for Prosperity, the state also is expanding Project SEARCH, a program helping young people with disabilities transition from high school to the workplace. The expansion increases the number of participating businesses by 20, up from seven, over three years.

Governor Walker proclaimed 2014 as the Year of A Better Bottom Line to encourage and promote employment opportunities for people with disabilities. A Better Bottom Line is tailored after Delaware Governor Jack Markell’s initiative with the National Governor’s Association, which details the vast benefits for employers, employees, and communities.

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Contact Neil O'Toole and John Sbarbaro
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Wednesday, June 25, 2014

Law Office of O'Toole & Sbarbaro, P.C. remembers actor Eli Wallach

The Law Office of O'Toole & Sbarbaro was sad to hear the news of the passing of actor Eli Wallach.
Watch the video below for a little bit of history on Eli Wallach.




Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, June 19, 2014

Now Ignoring Co-Workers is Worse Than Bullying Them

Now Ignoring Co-Workers is Worse Than Bullying Them
We thought being harassed by the office bully was bad, but it turns out that overt harassment is better than having him ignore us completely.
I can barely keep up with the worst offensive actions of the workplace. I’ve written about office bullyingin the past, but a recent study now indicates that bullying isn’t the biggest problem we face. No, it now seems that ignoring creepy Kenny in IT is harder on him than if you just gave him a swirly in the toilet. Researchers at the University of British Columbia's Sauder School of Business have discovered that “ostracism actually leads people to feel more helpless, like they're not worthy of any attention at all”, even when compared to workplace intimidation. They found that “people consistently rate workplace ostracism as less socially inappropriate, less psychologically harmful”, and therefore “less likely to be prohibited than workplace harassment”. I mean, really, who out there has an anti-ostracism policy in their employee manual? Their study revealed that “people who claimed to have experienced ostracism were significantly more likely to report a degraded sense of workplace belonging and commitment, a stronger intention to quit their job, and a larger proportion of health problems”.
The researchers also looked at a previous employment survey, conducted by a different educational entity. That survey included data on “feelings of workplace isolation and harassment”. They then compared it to turnover rates three years after the survey was conducted. They found that “people who reported feeling ostracized were significantly more likely to have quit.”
There you have it. Creepy Kenny in IT is looking for a job, folks. Someone could save him by showing a little attention, even if that attention involves degrading him just a little bit more. At least he would know he was worthy of the harassment.
Professor Sandra Robinson, co-author of the study, tells us that “There are many people who feel quietly victimized in their daily lives, and most of our current strategies for dealing with workplace injustice don't give them a voice”. Now apparently that victimization is being extended to those who no one pays any attention to.
As a side note, I love the phrase “workplace injustice”.  We have so many abusive factors today in our world of employment it now has its own term. We aren’t paid enough, we aren’t treated fairly, and we are bullied, harassed, discriminated against and abused. Now we are being ignored. It’s amazing any of us bother to show up at all.
So it turns out we are victimizing people even when we leave them alone. Who knew? And what is an employer to do?
I suppose they could encourage more workplace interaction, like “Hug a Creepy Co-Worker Day” or “Take a Nerd to Lunch Day”. Maybe it could be something like “Bathe a Stinky Associate Day”. While even suggesting this will likely anger creepy, nerdy and stinky people everywhere, they should realize I am only trying to help. After all, creepy Kenny is people too.
Of course, I may be making matters worse, as I have made several references to the office bully being a “him”. Another study in the UK has determined that over one half of all women in the workplace are victims of bullying or harassment, and their antagonist is more likely to be another woman. I did not mean to offend, ostracize or degrade female bullies by not paying appropriate attention to them. And if “over one half” of women feel bullied or harassed, wouldn’t this mean the majority of women are being harassed by a minority? And if the bullies are indeed the minority, are they then in a protected class?
Sheesh, trying to keep up with all this victimization and commensurate protection can make your head spin.
I think most employers at this point would welcome being ostracized, if means people would stop complaining about their working conditions and just let them go on about their day. Maybe employers should just stop showing up for work. Since they are the apparent root of most evil, it would be much easier on everyone if they do.
I will leave it to you to determine the best path. Here in my office, we make sure no one gets ignored or feels ostracized. In fact, I have to go. It is time for our daily conference room Kumbaya sing-along.  
Original Source
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Wednesday, June 18, 2014

What Does "Natural" Mean?


Last year, according to Nielsen, foods labeled "natural" generated $43 billion in sales.That's more than five times the figure for foods carrying an "organic" label ($8.9 billion). A new Consumer Reports survey of 1,000 people found that two-thirds of respondents believed  that a "natural" label meant that a food contained:
  • No artificial materials during processing
  • No pesticides
  • No artificial ingredients
  • No GMOs
More than half of those surveyed said that they specifically looked for a "natural" label on their foods.
There's just one problem: There are no real federal regulations around the word "natural."

According to the USDA, "natural" meat, poultry, and egg products must be "minimally processed and contain no artificial ingredients." But the agency doesn't go on to define "artificial." Meat from livestock fed genetically modified corn, for example, can still be labeled "natural," as can animals raised with regular doses of antibiotics. And the USDA has no regulations at all for labeling natural foods that do not contain meat or eggs.
Meanwhile, the FDA just has an informal policy that it issued in 1993, which gently recommends that manufacturers use the term "natural" if  "nothing artificial or synthetic . . . has been included in, or has been added to, a food that would not normally be expected to be in the food." In January 2014, the FDA "respectfully decline[d]" requests by three federal judges asking the agency for a decision on whether GMO ingredients could be used in foods labeled "all-natural." That decision led one of the judges to terminate a lawsuit against General Mills' Kix cereal, which, plaintiffs said, carried an all-natural label despite its use of genetically modified corn. 
Even with the lack of regulation, plaintiffs can sue companies individually for false advertising—and in recent years, consumers have done just that. In 2013, PepsiCo. agreed to a $9 million class action settlement fund after plaintiffs complained about Naked Juice's "all natural" labeling that belied ingredients like genetically modified soy.
Attorney Stephen Gardner of the Center for Science in the Public Interest told the news site Real Clear Politics earlier this year that there have been around 50 "natural label" lawsuits in the past decade targeting products from Kraft Foods' Crystal Light "all natural" lemonade mix  to Pepperidge Farms' Goldfish (which, plaintiffs said, contained ingredients from genetically modified soybeans). However, said Gardner, this list "only scratches the surfaces of the number of companies that are making these claims."
"There's so much green noise out there," says Urvashi Rangan, who directs the Consumer Safety Sustainability Group at Consumer Reports. "Labels can only succeed if you get rid of the noise."
Original Source

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Wednesday, June 11, 2014

Colorado Jurisdiction: - Law Office of O'Toole & Sbarbaro, P.C.

From the archives of the Law of Office O'Toole & Sbarbaro, P.C.

Colorado jurisdiction over injuries suffered outside of the state is conferred by §8-41-204, C.R.S.  This statute provides that Colorado has jurisdiction over out-of-state injuries if the employee was “hired or is regularly employed in this state.”  Whether an employee was “hired … in this state” is a contract question generally governed by the same rules as other contracts.  Denver Truck Exchange v. Perryman, 134 Colo. 586, 307 P.2d 805 (1957).  The essential elements of a contract are competent parties, subject matter, legal consideration, mutuality of agreement, and mutuality of obligation.  Id.  The place of contracting is generally determined by the parties’ intention, and is usually the place where the offer is accepted, or the last act necessary to the meeting of the minds or to complete the contract is performed.  Aspen Highlands Skiing Corp. v. Apostolou,  866 P.2d 1384 (Colo. 1994).

            In Moorhead Machinery & Boiler Co. v. Del Valle, 934 P.2d 861 (Colo. App. 1996) abrogated on other grounds by Horodyskyj v. Karanian, 32 P.3d 740 (Colo. 2001), the court noted that the rule in Denver Truck Exchange has been tempered so that a contract of hire may be deemed formed, even though not every formality attending commercial contractual arrangements is observed, as long as the fundamental elements of contract formation are present.  See also 1A A. Larson, Workmen’s Compensation Law §26.22 at 5-325 (1995)(it is necessary “[to subordinate] contract law technicalities to the reality of the [employment] relationship existing from the time the claimant [began] his journey toward the job pursuant to the overall-contract governing the way hiring is done in this particular employment”).


            The question of whether the claimant has proven the existence of a contract for hire is one of fact for determination by the ALJ.  Rocky Mountain Dairy Products v. Pease, 161 Colo. 216, 422 P.2d 630 (1996).  Similarly, the nature of the last act necessary to complete the contract and its location are generally factual questions for the ALJ’s resolution.

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Wednesday, June 4, 2014

Meet the Olympic Workers Still Waiting for Payday



In November, Milenko Kuljic left Bileca, his rundown town in Bosnia and Herzegovina, for Sochi. He was lured by a recruiter who promised he'd make about 2,000 euros ($2,700) a month building infrastructure for Sochi's Winter Olympics.
Kuljic says he began working for a major construction company overseeing work at some of the Games' most iconic venues, where he says he never got anywhere near the amount of money he was promised. Instead over two months of working, he says he was only given the equivalent of about $1,000 for basic living expenses. living in a dormitory with pay-to-use showers, sharing four toilets with some 200 other workers. All the while, he says his employers promised to eventually pay him in full. 
At the end of the two months, he was suddenly arrested, detained for a week, and then flown home with 122 other workers from the Balkans on a flight chartered by the Serbian government.
Hundreds of other guest workers from all around the world feared a similar fate, and fled Sochiwithout pay to avoid arrest, and the arguably worse punishment it would bring: a five-year ban on returning to Russia as a guest worker.
It was Kuljic's second time seeking work in Russia. The first time, he says no one cared about workers, like him, who lacked official work permits: "I suspect that they told the authorities about us so that they wouldn't have to pay the money they promised."
Kuljic's experience is far from unique. Of the approximately 96,000 workers who helped buildSochi's Olympic buildings, parks, and infrastructure, about 16,000 were migrant workers, according to Human Rights Watch. Most hailed from former Soviet countries, primarily Uzbekistan, Tajikistan, and Kazakhstan, as well as from communities—like Kuljic's in Bosnia—where families rely on money sent by workers abroad.  
For years, such workers put up with rampant xenophobia and exploitative conditions—overcrowded housing, paltry and unsavory food—in pursuit of a decent wage in Russia. But this fall, with just six months left until the games, thousands of migrants were rounded up and deported. In October alone, according to Russia's Federal Migration Service (FMS), more than 3,000 workers were expelled from the Krasnodar region, which includes Sochi.
Migrants to Russia face routine discrimination, as nationalists blame them for taking work from employable Russians. Polls have shown that two-thirds of Russians believe immigrants are prone to crime, and, whether or not they came legally or illegally, want to reduce their numbers in the country.
As non-Russian workers flooded Sochi, such anti-immigrant sentiment escalated—and was encouraged at the highest levels of government.
"It would be very easy for people of other nations to take over this land," Alexander Tkachev, the governor of the Krasnodar region, declared in August of 2012. "We have no other choice: we will squeeze them out, restore order, ask for documents…so that those who are trying to come here on illegal business understand that maybe it's better they don't come." 
ALL WORK AND NO PAY
Semyon Simonov is a Sochi-based labor lawyer with Memorial, a human rights NGO, and one of the most prominent voices advocating for migrants at the games; last week, he was arrested alongside two members of Pussy Riot while walking in Sochi.
Simonov estimates that since the start of Olympic construction, about 90 percent of migrant workers—at least 14,500 people—were denied some portion of their promised pay. Since their wages were usually paid in cash, expulsion all but guarantees they will never recover lost wages
"The employers realize the workers' vulnerability," Simonov says, "They don't have paperwork, so they can report them to the police, who could arrest them and kick them out."
Citizens of former Soviet republics are particularly susceptible due to a Russian law that allows them to work for up to three months while awaiting a formal work permit under the sponsorship of their employer. According to Simonov, this provision enables a popular bait-and-switch: Employers agree to hire migrant workers, luring them with promises to arrange a work permit and a good wage—from 25,000 to 40,000 rubles ($730-$1,200) a month, according to Simonov.
The employer may then take the workers' passports, ostensibly to facilitate the required paperwork. Simonov says the workers will usually get their first months' salary, and sometimes the second's, but once the end of the third month approaches—and with it, the deadline for being in Russia without papers—the flow of wages stops. Even with their passports returned, complaining would bring attention from immigration officials—at just the moment that the only way the workers can stay in Russia is as illegal migrants.
"It is clear," says Simonov, "that this is just a method of swindling the person."
In October, Human Rights Watch and Memorial sent the International Olympic Committee a list of more than 600 Sochi workers, most from former Soviet states and other countries, who claimed their employers had stiffed them wages, asking the IOC to intervene with the Russian authorities. The IOC acknowledged the letter two weeks ago, but made no promises to encourage their employers or government officials to ensure they received outstanding pay.
The IOC noted that after investigations by Russian authorities into more than 500 companies, 13 of them distributed about 277 million rubles ($8.34 million) in back pay to more than 6000 formally employed workers.  But laborers without contracts, including thousands of migrants, saw nothing from this payout. About 550 migrant workers—many of whom were on Memorial's original list sent to the IOC—have told the organization that they still haven't gotten their outstanding pay.
"The situation has not changed," notes Simonov.



A WAVE OF DEPORTATIONS
On September 3 of last year, the Krasnodar region's governor, Alexander Tkachev, called for "raid brigades" consisting of police, the Federal Security Service (FSB), and vigilante groups to purge the region of migrants.
Soon, the raids began in earnest. Aleksander Popkov, another lawyer at Memorial, describes one case where about 80 workers on a project who hadn't been paid in three months began to demand their wages and the work permits they had been promised.
"The police from the Federal Migration Services came, circled the building, not letting anyone in or out, and just started checking everyone's documents as they left," Popkov says. Within three days, all 80 of the workers had been deported, without back pay: "So, that turned out to be profitable."
To Marina Dubrovina, a fellow Memorial lawyer, these sort of incidents suggest a "very simple scheme…When the employer doesn't want to pay a salary, he invites people to work, they come and build what needs to be built, then the employer calls in the Federal Migration Service."
Other cases have been more complicated: Some companies claimed to have secured proper papers for their employees, but still found their staff getting detained and deported—in part because of anti-immigrant sentiment, says Simonov, and partly because of heightened pre-Olympic security.
Popkov recalls one Sochi construction company that "lost" workers each day on their commute—a walk that consisted of crossing the street between their dormitory and a construction site.
"The police just stand in the middle of the road and catch people," Popkov explains. "The company would complain, 'We watch for police, we've secured work permits. But we had 150 people exit the site, and only 100 people made it to the other side. Where are the rest? We don't know.'"
In late September, Popkov got a call from a Sochi construction company complaining that police had detained several of their workers. When he went to the central district police station to investigate, he found about 50 men squeezed into a makeshift shed of corrugated metal. The men said they'd been there anywhere from a few hours to eight days. In a shakycellphone video he recorded, the workers say they haven't been given food or anyplace to sleep.
AFTER SOCHI
Even though the games are ending, conditions seem unlikely to change. Russia's judicial institutions have so far provided little accountability for contractors who abuse workers.
With Russia hosting the Formula 1 Grand Prix this summer and the World Cup in 2018, there remains a great appetite for foreign construction laborers. Despite everything, Russia remains a powerful magnet for workers. Kuljic, for one, is keen to return:
"I chose my path, I decided to work in Sochi, I was fooled, but I didn't have any other option," he says from his hometown in Bosnia.
"There are no jobs here. This is not a life," he adds. "I just hope I can get the five-year ban expunged so I can go back to Russia to work."
Original Source

Phone: 303-595-4777
Located in the Denver Metro area.
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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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