Thursday, December 27, 2012

Louisiana Contractors ? Workers Compensation Insurance ...

On December 27, 2012 Author?By Seth Smiley

Back in 2009 this blog reported on the very topic of Workers Compensation insurance, stating that 1 and 5 businesses are breaking workers compensation laws. In my everyday practice, I feel like the trend is still?prevalent?in the construction industry. The main reason being is due to the?exorbitant?price of this insurance on contractors.

Workers Compensation is codified in Louisiana under Revised Statute 23:1021 et seq. There are a?myriad?of rules and definitions within this chapter of the code that would make any contractors head spin. There are a few key items to remember when classifying employees. First and foremost is that there is a presumption of employee status, as seen in La. R.S. 23:1044. This can be overcome by a number of factors which would make the worker, an independent contrator rather than a employee. La R.S. 23:1045 is where the law states that independent contractors and subcontractors are exempt from coverage. Although the price to insure all employees under workers comp insurance is high, the price that is paid if an accident happens to an uninsured worker is much higher. Furthermore, when the insuring companies do an audit at the end of the year of the status, there can be a hefty price tag for improper reporting.

I represent a number of clients who are learning the hard way that companies like LWCC and Louisiana Home Builders?Association?are not fun to litigate against for a contractor trying to make profits. These companies have either in-house attorneys or law firms who handle these cases day in and day out. There is almost no incentive for them to settle claims?because?there is no fear of pricey litigation. As for the contractor, attorney fee bills keep going higher and at the end of the day the contractor can pay double and triple of what they would have if they had properly reported or settled early.

So let this be a warning to all contractors who are trying to push the line when it comes to workers compensation insurance, its just not worth it. Just like fighting any insurance company, even if the insurer is wrong, they will fight to the bitter end to be proven so. Taking an early haircut, so that you can get back to making money in the industry, can be a win-win for your construction company.

Posted in: ? ? Construction Contracts, Construction News, Disputes, Insurance, Labor Law, Litigation, Louisiana, Payment Requirements? / ?Tags: contractor, Insurance, LHBA, Louisiana, LWCC, Workers Comp, Workers Compensation, Workers Compensation Insurance? / ? Leave a comment
About the Author: Seth Smiley

Seth is a construction attorney licensed to practice in Louisiana and California. He is a partner at Wolfe Law Group.

Source: http://www.constructionlawmonitor.com/2012/12/louisiana-contractors-workers-compensation-insurance/

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New Japan PM Abe says will pursue bold monetary policy

TOKYO (Reuters) - Japanese Prime Minister Shinzo Abe said on Wednesday his government will pursue bold monetary policy, flexible fiscal policy and a growth strategy to encourage private investment.

"Japan won't have a future and won't be able to restore fiscal health without a strong economy," Abe told a news conference after taking office as the country's seventh prime minister in six years.

Abe has pledged to put top priority on beating deflation and taming the strong yen, which are dragging down the world's third biggest economy. He also wants to loosen the limits of Japan's post-World War Two pacifist constitution on the military and has vowed to take a firm stance in a territorial row with a rising China.

(Reporting by Leika Kihara and Stanley White; Editing by Edmund Klamann)

Source: http://news.yahoo.com/japan-pm-abe-says-pursue-bold-monetary-policy-130110391--business.html

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Monday, December 17, 2012

Sunday, December 2, 2012

Stung by U.N. defeat, Israel approves new settlements

JERUSALEM (Reuters) - Hours after the United Nations voted overwhelmingly to grant de-facto statehood to Palestine, Israel responded on Friday by announcing it was authorizing 3,000 new settler homes in the West Bank and East Jerusalem.

An official, who declined to be named, said the government had also decided to expedite planning work for thousands more homes in a geographically sensitive area close to Jerusalem that critics say would kill off Palestinian hopes of a viable state.

The decision was made on Thursday when it became clear that the U.N. General Assembly was set to upgrade the Palestinians' status in the world body, making them a "non-member state", as opposed to an "entity", boosting their diplomatic clout.

The motion was backed by 138 nations, opposed by nine, while 41 members abstained - a resounding defeat that exposed its growing diplomatic isolation.

An Israeli official had earlier conceded that this represented a "total failure of diplomacy" and warned there would be consequences - which were swift in coming.

Plans to put up thousands of new settler homes in the wake of the Palestinian upgrade were always likely, but the prospect of building in an area known as E-1, which lies near Jerusalem and bisects much of the West Bank, is seen by some as a potential game changer.

"E-1 will signal the end of the two state-solution," said Daniel Seidemann, an Israeli expert on settlements. He added that statutory planning would take another six to nine months to complete, meaning building there was not a foregone conclusion.

About 500,000 Israelis already live in the West Bank and East Jerusalem on land Israel seized in the 1967 Middle East war - territory the Palestinians claim for their independent state.

The United States, one of the eight countries to vote alongside Israel at the U.N. General Assembly, said the latest expansion plan was counterproductive to the resumption of direct Israeli-Palestinian peace talks.

ABSURD

Ahead of the U.N. vote, Prime Minister Benjamin Netanyahu's government had argued that the unilateral Palestinian move breached their previous accords and accused the 193-member world body of failing in its responsibilities.

"The General Assembly can resemble the theatre of the absurd, which once a year automatically approves ludicrous, anti-Israeli resolutions," said government spokesman Mark Regev.

"Sometimes these are supported by Europe, sometimes they are not," he added, alluding to the fact that only one European state, the Czech Republic, had voted against the Palestinians.

Nonetheless, analysts said the vote exposed the gulf that had opened between Europe and Netanyahu over his handling of the Western-backed administration of Palestinian President Mahmoud Abbas, and the depth of EU opposition to settlement expansion.

"The government has failed to appreciate the gravity of the challenge to Israel's fundamental legitimacy in Europe," said Gidi Grinstein, head of the Reut Institute think-tank.

"The Palestinian bid in the U.N. is turning out to be a bigger defeat than anticipated."

In many ways, Israel was caught off guard.

Last week it was fighting Islamist militants in the Gaza Strip, grateful to see much of the West offering support for its determination to stop indiscriminate rocket fire from the Palestinian enclave whose leaders preach Israel's destruction.

The eight-day bombardment ended in a truce that was widely viewed as handing Gaza's Hamas Islamists a PR boost at the expense of Abbas and the Palestine Liberation Organization, who have renounced violence in favor of diplomacy.

The West pumped billions into Abbas's administration over the years to bolster a partner for Middle East peace and felt they had to rally to his support in New York. Before the Gaza conflict, the Palestinians said they would win 115 'yes' votes at the United Nations. They ended up with more.

COURT THREAT

By itself, the U.N. upgrade will make little practical difference to the Palestinians or Israelis. However, the new position will enable Abbas to seek membership of the International Criminal Court (ICC) in the Hague if he wants.

This is what worries Israel.

The Geneva Convention forbids occupying powers from moving "parts of its own civilian population into the territory it occupies", leaving Israeli officials potentially vulnerable to an ICC challenge. Israel says its settlements are legal, citing historical and Biblical ties to the West Bank and Jerusalem.

The Palestinians say they are in no rush to go to the ICC, but the threat is there, putting pressure on Israel to come up with creative solutions to overcome the peace-talks impasse, which the Jewish state blames on Abbas.

"This U.N. vote is a very strong signal to the Israelis that they can't shove this matter under the carpet for any longer," said Alon Liel, former director-general of the Israeli Foreign Ministry. "This is a red light for Israel."

With politicians campaigning ahead of a January 22 election, Israel is unlikely to change course.

Opinion polls suggest Netanyahu's right-wing bloc will win a new term in office. The coalition includes pro-settler parties, and the prime minister's own Likud group appeared to shift to the right in primaries this week, making any land-for-peace compromise with the Palestinians look more complex than ever.

His opponents seized on the U.N. vote, with ex-foreign minister Tzipi Livni, aspiring to become Israel's second female prime minister, blaming a failure of initiative.

"When we do not initiate, we are imposed upon," she said.

Israeli officials say the Palestinians themselves must show they are ready to make the sort of concessions that they believe are needed to secure an accord - such as renouncing any right to return to modern-day Israel for refugees and their descendants.

However, analysts say that with the elections out of the way, the new government will have a period of calm to try once more to end their decades-old conflict with the Palestinians.

"The strategy toward the Palestinian Authority and statehood is likely to be on the top of the agenda of the next government in the winter," said the Reut Institute's Grinstein.

"The outcome of its strategic reassessment may well be active engagement in upgrading the powers and responsibilities of the Palestinian Authority toward statehood, and eventually recognizing the Palestinian Authority as a state."

If E-1 building goes ahead, the chances of talks resuming will be close to non-existent.

(Additional reporting by Ori Lewis and Dan Williams; editing by Janet McBride and Will Waterman)

Source: http://news.yahoo.com/margin-u-n-defeat-disappoints-israel-145828508.html

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Saturday, December 1, 2012

Managing Your Own Online Business Is Easy | Kenny's MLM ...

TIP! Watch, and make note of, your business costs to save money. Expenses may include the cost of Internet services, work-related mileage and office equipment or supplies.

Getting your own home-based business up and running is much easier when you have good guidance. Continue reading to gain some useful tips for setting up your work from home business.

TIP! Expenses such as taking clients out to lunch can be deducted on tax returns. Meetings with business associates are deemed legal business costs.

Find competitive rates of businesses in your local area when trying to start your own. Take that data as a guideline for the rates you should set. Charge what you believe your products are worth, but don?t price yourself out of the market if your competitors are charging less.

TIP! Know how much cost goes into the products you are selling in order to be able to determine profits. Two times the cost price is the basic mark-up for wholesale.

Make an effort to reach out to your customers face-to-face. Customers exist both online and in a real market. Rent a booth at a community function or have organized sales in a particular area.

Tax Deductible

TIP! Describe your business objective in a few complete sentences. State the nature of your business and your purpose clearly, as well as where you expect to take the company.

Save all of your paperwork regarding your business for seven years. There are many legitimate business expenses that are tax deductible. For instance, there are a variety of IRS rules that govern what qualifies as business travel, and what expenses associated with that travel are tax deductible or partially tax deductible. Therefore, it is important that you save all of your receipts. Unless you save your receipts, you may end up paying unnecessarily high taxes in April.

TIP! To keep track of your business, open a checking account strictly for the business. Get in the habit of sending everything to this account.

You can use inexpensive, portable storage devices to keep copies of your business?s important information and records. Loss of your documents will cost you a lot of money and will make filing taxes difficult. Mozy is another excellent option for backing up your computer.

TIP! Keep a different home business checking account. Doing so will make it easier to keep business and personal finances separate.

As a sole owner of a business, you should also retain control of the financial decisions as well. Permitting someone else to use business credit accounts may be something you end up regretting, because they may also purchase things that are not deductible expenses.

TIP! Patience is key. Your home business will most likely take awhile to blossom and begin to profit.

Take some time to laugh while you?re on lunch break! Laughing is great for your body, it clears your lungs, relaxes you and can give you an overall sense of well-being. Find funny videos online and then focus yourself back on your work.

TIP! Get your home business a website. It is suggested that you hire a webmaster to design your company?s website, unless you have prior experience in designing websites.

You need to try and have a business address locally, instead of using a PO box to conduct your business transactions. Customers generally feel better about your company when they know they can get in touch with you if need be. This also gives customers another way to contact you while boosting a trusting relationship with them.

TIP! A good business plan is like your treasure map. Even if you don?t have outside investors, you should have a business plan.

Business trips are a very good idea. Business trip expenses can be deducted from your taxes. One way to take a relaxing vacation and still get the business tax deduction is to pick a vacation spot where a seminar is being held. Doing so allows you to make legal deductions.

TIP! Taking risks is crucial for home business owners looking to make a substantial income. No matter how successful a business, it?s important to keep it fresh and up to date.

You should keep your contact lists together with your notes on your clients for easy reference during correspondence. You should also keep your own contracts, such as with your phone company or Internet provider, in the same place in case YOU have to battle with THEM over service!

TIP! Make it easy for people to contact you by email, phone or mail. See if you can stay in touch with your customers through a newsletter, ask for feedback from them, and use site analytics to see what products customers are buying the most often.

When you are trying to come up with a product for your home based business, pick something that fills a need you have. It is common for people to buy items that will make their life easier. Your product will be a success when you create solutions to common problems people face.

TIP! If some people are still using old-fashioned checks to buy your products, deposit them immediately after receiving them. Your deposits should remain on a daily schedule; as compared to a weekly or longer period of separation.

Be forthright and pragmatic with the prospects and goals you have for your home-based business. Do you have a great product that can continually gain interest? Can you run an honest business in the industry you are considering?

TIP! Avoid being pulled into socializing on the Internet. Only use these sites to advertise your business.

Consider becoming part of a online business forum on the Internet. You will be able to connect with other home based business operators. Other people running home businesses know what kinds of challenges you face, and you can swap solutions.

Business Plan

TIP! Starting a home business takes a considerable amount of time and work. If you think that it can interfere with your family?s daily life, you may need to rethink what type of home based business you plan to start.

Every business should start with a good business plan. As situations change over time, your plan may need to be adjusted or even replaced entirely. Use this type of a plan as a to-do list of sorts and as a beacon for guiding you to your end goal. Make sure your business plan is up to date.

Tons of people want to start a business. However, this could be hard if you don?t have the proper education about it.

Share and Enjoy

Source: http://www.wahonline.com/managing-your-own-online-business-is-easy/

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