Auto Insurance New Jersey Financial Responsibility Laws

If you are in the process of receiving your driver license in the state of New Jersey, you must purchase auto insurance and provide proof of your insurance to the Department of Motor Vehicles if you have a vehicle registered in your name. Every state in the nation requires drivers to purchase some form of automobile insurance to protect third party drivers. Insurance laws in New Jersey differ from several other states. It is important to know what coverages state financial responsibility laws require. If you fail to carry sufficient auto insurance New Jersey you could face serious punishments and penalties including license suspension, registration suspension, fines, tickets, and jail time. Walk into the DMV prepared with the right type of insurance.

The state of New Jersey requires all drivers to carry liability insurance. Liability insurance will protect third parties and will not pay for injuries or damage that the insured suffers. Liability consists of two different coverage types: Bodily Injury and Property Damage. Each of these coverage types have specific limit requirements in the state of New Jersey.

Bodily Injury will pay for injuries suffered by a third party when you are deemed at fault for an accident up to the limits stated on the declarations page of your policy. Auto insurance New Jersey financial responsibility laws require that drivers carry no less than $15,000 per person and $30,000 per accident in Bodily Injury coverage. Property Damage will pay for damage to a third party vehicle. The limit stated on your policy is the maximum your policy will pay no matter how many vehicles are damaged in the accident. The state of New Jersey requires drivers to carry no less than $5000 per accident. Liability coverage can be written in a more simplified manner. The minimum liability limits are often written as follows: 15/30/5.

Unlike many states, New Jersey also requires drivers to protect themselves and their passengers with Personal Injury Protection coverage. This coverage also referred to as PIP, will pay for injuries to you and your passengers sustained in an accident up to the limits stated on the policy. The state requires policyholders to carry no less than $15,000 per person per accident in Personal Injury Protection coverage.

Although there are several other optional coverages available in an auto insurance New Jersey policy, these are the required coverage you must purchase to satisfy state mandated laws. Choosing not to carry insurance can cost you far more in the long run in fines and lawsuits. Protect yourself and abide by the law by purchasing New Jersey auto insurance right when you are licensed. With affordable coverage available from leading insurers, you do not have to break the bank to invest in protection.

Duty Of Care In Torts Law

Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care out of the box due in such ‘acts or omissions which you may reasonably foresee is planning to injure persons so directly affected which you ought reasonably to obtain them in contemplation’ and Caparo Industries -v- Dickman 1990 referred and situations whereby it may be fair, just, and reasonable to impose.

This duty is owed to 1 in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, although not with a mother for shock nor for miscarriage to a single who had previously been being who the motive force along with the rider couldn’t to have known which were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; so they can one out of legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, and not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; as well as to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that you will find affected’ ~it may be owed for financial decrease in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not provided clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.

The injury, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as few as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.

Circumstances in which a duty of care can be breached, except in the case of specific torts like libel or trespass -or underneath the Rylands -v- Fletcher rule where lawfully but at your own peril manufactured any unnatural by using land and excluding cases of immunity and circumstances the place where a statutory duty properly exercised infringes the right -such as the disturbance brought on by the noise of aircraft taking of or landing – however , not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances can be regardless if a risk is know and never objected to: Smith -v- Charles Baker & Son 1891, indeed in which a risk is known and has now been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if you have contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.

The typical is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 3 decades meant not and also the degree of the danger is proportional as far as of care required; the seriousness of the injury risked too is proportional the amount of care necessary: Paris -v- Stepney BC 1951 -more to employee blind within a eye, rather than the total nevertheless the sort of the injury on such basis as: British Railways Board. -v- Herrington 1972; a social value whether justified danger: in Fisher failure were justified in war-time black-out to get up shaded lights to protect yourself from public nuisance to the cyclist, in Watt -v- Hertfordshire CC 1954 buying the wrong vehicle in this area of accident was justified by the valuable time that is going to have already been lost in enabling there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done in excess of reasonable could have made raise the risk too remote by comparison -except should there be a statutory duty including in the Health & Safety Acts; that standard in the example of an expert’s negligence is, instead -Latimer, of an ‘reasonable expert’.

The link between the breach of duty as well as the resultant damage have to be proven to exist ought to be fact or perhaps a couple of law. Hmo’s is susceptible to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure on the doctor to call hasn’t been the caused of death, McWilliams -v- Sir Arrol 1962 failed since the safety-belt would not are actually worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had been recently ordered on an ulcer on the site than me and would be a pre-existing condition; but, just isn’t broken a causative link by way of consecutive cause and did not lessen a subsequent injury the initial factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on the balance of probabilities the link considerably was the explanation: McGhee -v- National Coal Board 1973; where harm or some of it is coming from a third party’s breach the ‘but for’ rule still refers to whether he type of injury happens to be seen: Hogan -v Betinck Colliers 1949.

Aforementioned only applies in the event the breach isn’t too remote, plus it wasn’t in Wieland -v- Cyril Lord Carpets 1969 the fact that fall elsewhere and later had resulted through the necessity to discard bi-focal glasses brought on by the driver’s negligence; the special sensitivity in the claimant wouldn’t matter -‘egg-shell skull’ rule: Robinson -v- Mailbox 1974 -‘one has to take the victim as he finds him’; inside Wagonmound 1961 during the time of the breach that oil spilled could burn on sea-water could hardly reasonably, as well as in Doughty -v- Turner Mfg. 1964 as a result of state expertise, are actually foreseen; employing Bradford -v- Robinson Rentals 1967 the frostbite was on account of providing a van without having a heater.

The claimant’s proof can go on to the defendant: Steer -v- Durable Rubber 1956; no less than some evidence is necessary of negligence even if ‘facts speak for themselves’ -they will not in case the claimant can’t say so what happened: Wakelin -v- LSWR 1886, negligence could be inferred from lack of explanation by defendant, for virtually any by claimant legally Reform (Contributory Negligence) Act 1945 proportionate reduction is made.

Experienced Immigration Lawyer in the UK to Help You Understand the European Immigration Law

Dreaming of working in one of the top countries of the world is a common phenomenon among people, especially from countries where opportunities of success and earning more are lesser comparatively do developed countries. Highly skilled professionals from various countries often take a flight to such countries. The United Kingdom or the UK is also one of most developed nations in world where people come from various parts of the world with a hope to earn more and make career in the right profession. National Government is also well aware of this (after getting thousands of visa application every month for work permit or UK work visa). And keeping the same in mind, immigration program was brought into effects in December 2001 for the duration of declaration of highly skilled Migrant Program.

Main object behind these policies was to draw the attention and persuading skilled professionals in the UK. Immigration department attract skilled people in the UK by offering immigration visa along with permission of Permanent Residency or Right of Abode in the UK. The amazing program truly brought a revolutionary change as more and more highly skilled professionals from various parts of the world flock to the UK with a hope of having Right of Abode along with better earning opportunity.

However, for residents of the European countries, visa is not mandatory. It is for those who are non-EU residents. If you are also one of them dreamt of working in the UK, you need work permit that is issued by the immigration department after getting some essential documents and following a certain criterion. Applying for the work permit is never so easy. For this having proper knowledge and understanding of European Immigration Law is also very important.

Experienced Immigration Lawyer in the UK – Find the Right Professionals at a Leading Firm

Today, there are a number of renowned and authorized immigration agencies in various cities and parts of the UK. You have to choose the right one and fill the query form according to your needs. These leading firms have OISC qualified advisers and experienced immigration lawyers/solicitors who help you at every step so that you can easily get the UK work permit.

These leading firms have carved a special niche as a famous and consistent immigration solicitor amongst migrants looking for the right legal assistance to live enduringly in the process of adobe in the UK. These reputed firms with the team of experienced immigration solicitors are the right places or immigration law practice firm, endowing with specialist advice on including, individual, business and human rights immigration. Whether you are private individuals, sole traders, multinational corporations, or citizen of Commonwealth Countries, you will get the right solutions and assistance from experienced immigration lawyer from an acclaimed firm. Understating European immigration laws in very important before applying for the work visa or any kind of other immigration solution. For this, finding experienced immigration lawyers is also a good decision.

A Biblical Perspective On The Secret And The Law Of Attraction

The Law of Attraction is a biblical concept, but has been perverted by worldly teachings; therefore, the church should seek teaching on the biblical Law of Attraction.

Now I’m sure you’ve heard of the teaching known as “The Secret.” The concept is, by using this “secret,” which is “The Law of Attraction,” you can attract anything you want in your life: more money, a bigger house, more business, the perfect mate, literally anything you want!

While the teachings conveyed about the Law of Attraction from worldly teachers contain many truths, they also contain some contradictory ideas to the Word of God. For example, I personally disagree with the notion that a person can have just anything. The reason being, we were born with different strengths, skills, and talents that lend themselves to our individual abilities to acquire the things we desire.

God made us all unique, with a purpose, and with a certain mission to fulfill His will. It isn’t all about us! Now does that mean the Law of Attraction should be ignored? Is it all just a bunch of garbage for the Christian? Absolutely not! The Law of Attraction is a biblical concept.

Once we understand the proper mechanics and the proper use of the law of attraction and discuss it within the church, we should refer to it as the “biblical law of attraction” simply that there may be no misunderstanding. So from here to the end of this article, I’ll refer to it as the “Biblical Law of Attraction.”

Now, the Biblical Law of Attraction and God’s will can, and should work together in your life. Let me clarify it from a biblical perspective in the following three points:

1. The Worldly Law of Attraction and the Believer in Christ

The worldly teaching of the Law of Attraction has brought much confusion to the believer in Christ for one very good reason: It leaves out the entire concept of God’s will! If you’ve been trying to use the Biblical Law of Attraction in the way the worldly teachers teach it, you’ll soon find yourself feeling far from God!

2. Why the Basic Concept of the Law of Attraction Works for Everyone

Like I said previously, the Law of Attraction is a biblical concept and a Godly principle. It’s just that the worldly teaching of it is not Godly. It has distorted biblical references by leaving Jesus out of the equation, thereby perverting the Word of God to suit its own purposes.

3. The Basic Concept of the Law of Attraction and God’s Will

Jesus’ teaching on the Biblical Law of Attraction deals with our beliefs, thoughts, words and actions. The worldly teachers of the Law of Attraction teach that our words and thoughts are enough, like there’s some sort of magic in what we request from, who they call, the “Universe.”

God is interested in our “issues,” and He wants a relationship with us more than anything else. He wants our heart; therefore it grieves Him when we chase after selfish ambitions instead of Him.

So, how should one use the Biblical Law of Attraction? The answer is, to glorify God in his or her life. Not merely to obtain selfish ambitions.

A Surefire Way To Make The Law Of Attraction Work

Probably millions of people know about the law of attraction (LOA), they either watched “The Secret” movie or read one of the many books that have been published on the subject.

However, for the majority of people the law of attraction doesn’t seem to work. Many people told me, they did all the outlined exercises, they practiced for several weeks, they even read different LOA books and tried the various techniques… But still, nothing happened and nothing changed in their lives.

So, how is this possible? Is the law of attraction a lie or does it only work for a few select people? No, I don’t think so. In my opinion, the LOA doesn’t work for most people, because their focus on what they want is not strong enough.

The LOA is actually very simple. You decide on what you want and you become crystal clear about your desire. You focus 100% on your desire. And finally, you let go and you let it happen.

What does it mean, to focus 100% on your desire? It is not sufficient to do some visualization and positive thinking 3 times a day for 5 minutes. You desire has to become an integral part of your life. You need to learn to think, to feel and to be in your desire almost 24 hours a day. Yes, you should fall asleep with your biggest desire in your mind and you should wake up with it. That is 100% focus.

Sure, this is not easy, especially at the beginning. But, try to put all your energy into it, do it for a few weeks and it will become second nature. Just get over the first few weeks, from then on it will be easy. Make the effort and jump over your own shadow – after all it is about making your biggest dream come true and I thing that is worthwhile a few weeks of effort.

The Most Common Areas Of Law Practice

It should come as no surprise; there are many different types of law. It is up to each individual attorney to decide on which area or areas of law he or she will ultimately practice.

In todays fast paced world, four of the most common areas of practice continue to be personal injury, family law, immigration and criminal defense. Many of the most successful law firms have achieved this success by specializing in litigation and trial strategies, encompassing these areas.

Personal Injury Law. Personal injury law covers MANY types of injuries as well as the worst case scenario, wrongful death. These injuries include but are not limited to: birth injuries, nursing home abuse and neglect, medical malpractice, slip and fall, vehicle accidents (auto, train, bus, ATV, motorcycle, bicycle, airplane) and injuries caused by defective products.

They are caused by the negligence of someone or something and are subject to recoverable damages. The court grants these damages based on facts such as pain and suffering, medical bills, loss of earnings, emotional distress, property damage and lost earning capacity.

Family Law. In many states, family law cases require more court time (and billable hours) than any other kind of case. In reality this area of law covers much more than divorce. It also focuses on prenuptial agreements, domestic violence, separation agreements, property distribution, custody, alimony, child neglect and spousal support.

Family law attorneys are especially mindful of the delicate situations associated with the cases they take on. The feelings of all who are involved are continuously taken into consideration. As a result, struggling families can rest assured that they will receive the best representation possible.

Immigration Law. Because of frequent changes in the law, firms who deal with immigration cases are more than a little knowledgeable on the subject. They have to be.(It is interesting to note that, in the United States, Congress exercises complete authority over immigration laws.)

Immigration law can get quite complicated, depending on the individual situation. Firms practicing this type of law can assist with cases related to: U.S. citizenship, green cards, immigration appeals, visa refusals, business visas, fianc visas, family visas, PERM/labor certification, deportation defense, post conviction relief and more.

Every immigration petition or application should be carefully reviewed before it is submitted to the U.S. Department of Homeland Security. For optimum results, every defense court document should be prepared by a knowledgeable attorney, as well. As the saying goes Better to be safe than sorry.

Criminal Defense Law. Criminal defense is a very important (and sought after) area of law. This is due, in part, to the ever increasing number of individuals who are spending time in prison, for crimes they did not commit.

Since each case is different, criminal defense attorneys must keep abreast of the constant changes occurring with all of the laws that pertain to this area of expertise.

Law firms that handle criminal defense cases can help with drug cases, assaults, hand gun charges, theft, drunk driving, domestic violence, felony charges and sex offences.

Most offer no-cost initial consultations and recommend early intervention, in the event that individuals find themselves faced with the unsettling possibility of conviction, regardless of guilt or innocence.

The issues surrounding each of these areas of law can get very complicated. These cases are rarely cut and dry. For this reason alone, the assistance of a knowledgeable attorney or law firm is imperative.

Legal situations can be (and usually are) VERY stressful. Retaining the right legal counsel can go a long way in relieving this apprehension.

It is important to remember that an attorney or law firm has the best interest of the client at heart and will do everything in their power to rectify a bad situation.

How To Activate Subconscious Mind Power Driven By The Laws Of Vibration And Attraction

The Subconscious mind is driven by working in conjunction with the laws of vibration and attraction . It’s been long professed that once mastered, you will live a life of prosperity, obtaining all we wish for. Let’s get a deeper understanding what these laws mean and the role of the subconscious mind with steps to make this all happen.

Law of Vibration What does it mean?

Whether one believes it or not, the law of vibration is right here in our midst. It works and it works all the time. While it may be difficult for some people to grasp the principles regarding the law of vibration, for others its perfectly easy.

The Law of Vibration refers to everything being a form of energy and that the entire universe is made up of energy. Studying a particle through a microscope will show molecules are visible which are in constant motion. If you take it a little further and explore within the molecules, atoms become visible which in turn have a proton constantly being circled by an electron and this is in fact, vibration in action. So, as we know that all things are made up of atoms, we also know that all things are vibrating, albeit at different frequencies although it is only when vibrations occur within the human range, that we can see or feel them.

Whether you believe we were created by God or not, whatever or whoever created us must also vibrate. Taking into consideration that we are the result of this creation, and that were made up of molecules, we in fact also consist of energy and as with everything else, we also vibrate. Thoughts, sounds, light and in fact anything that has to do with us also vibrates. Now, if we take all this into consideration, it should essentially be possible to synchronize our vibrations with the vibrations of the universe and therefore, providing we do this, it should be possible to connect with those things to which our vibrations are pointing to. Of course for this to work, the thoughts of both our conscious and subconscious minds must be in alignment with the vibrations of the universe. It is for this exact reason that we need to be aware of our conscious and subconscious thoughts.

Law of Attraction

As with the Law of Vibration, we are also have the Law of Attraction and just as with the Law of Vibration, the Law of Attraction is also a law concerning the entire universe. In essence, the Law of Attraction explains that for every action, there is a reaction. In other words, there is an effect as well as a cause for everything we do. By applying this Law of Attraction, it is possible to have anything we want purely by thinking of it. However, in order for this to work, we need to condition the thoughts within our subconscious mind in order for them to attract that which we are wanting to attract. If the subconscious mind does not wish for a particular thing that we are wanting, we simply will not get it.

While we are able to control the Law of Attraction to some extent, we should also acknowledge that it is a law which exists apart from you. The only way to have some degree of control over this law is through our vibrations and our thoughts. In other words, we need to focus on conditioning our subconscious mind in such a way that it vibrates in harmony with the vibrations of the universe, thus allowing us to have whatever we wish for, simply by thinking about it.

The Role of the Subconscious Mind

Okay, so now we are aware of the two laws which are able to work in conjunction with the subconscious mind. We also know that if we enable this to happen, we can live a life of prosperity, obtaining all that we wish for. However, simply knowing about this is not enough because we also need to understand the role of our subconscious mind, which in turn will lay the foundation for being able to control it.

Many people tend to confuse the brain with the mind so lets make this clear. The brain is not the mind. In fact, it is the mind which uses the brain to conduct certain functions.

On one hand, our conscious mind is employed to receive and interpret sensory input from the five human senses by using our brain. Once our conscious mind has completed this task, it forwards the information to the subconscious mind where it will in turn be analyzed and processed in such a way that they will have specific effects on ones body or on the way that one does something.

In order to take advantage of the two laws we discussed and get something you want, you simply need to set the process in motion by focusing your thoughts on that which you want. Your conscious mind will accept the input and relay it to your subconscious mind.

Amazingly enough, unlike the conscious mind, the subconscious mind never sleeps and it never switches off, hence the reason why people dream at night. In fact, a dream is really a result of some kind, which is being delivered to you from your subconscious. Another form of delivery takes the form of you receiving something which you have been wanting.

Obviously, in order for you to get what you want, it is fundamental that your subconscious mind is vibrating in alignment with the vibrations of the universe and for this to happen successfully, the programming of your subconscious must also be in total alignment. If this is not the case, you will not get what youve been wanting. Your thoughts have to vibrate in accordance with your wishes and in so doing, you as a person will find yourself in perfect alignment with the universe.

So, lets just look at this one last time. In order for you to live a prosperous life and have all that you desire, you need to understand the Law of Vibration. You also need to understand the Law of Attraction and lastly, you need to understand exactly how the subconscious mind works. In simple terms, this entire concept works simply by you providing input to your conscious mind where it will in turn be interpreted, and then forwarded to the subconscious mind where it will be processed. If for some reason the programming in your subconscious is not in agreement with the recently received thoughts, suitable vibrations will fail to materialize thus not being able to align with the vibrations of the universe. This of course will result in you not getting what you want.

Yes you can have anything you want but before that can happen, you need to make sure your subconscious mind is in a suitable condition and able to vibrate in alignment with the vibrations of the universe. If you have not yet accomplished this state of mind, its inevitable that you make certain lifestyle changes with regards to your current mindset.

Walia Law Firm Focused, Passionate And Reliable

Walia law firm has always been a name to conjure with. Its expertise in handling the toughest of cases with an adequate and perfect balance of personal and professional approach is popular throughout the United States and its terrain. San Francisco Criminal Defense Lawyer also commonly referred to as Criminal Attorney San Francisco.

Miss Harjot Ginny Walia, the founder has been an ace defense lawyer in several criminal cases like counterfeiting, forgery, deportation defense, criminal street gangs, bribery, juvenile crimes, e- crimes, child abuse, burglary, drug crimes or narcotics, anti- environment acts, DUI or driving drunk, domestic violence, terrorist threats and crimes, manslaughter, kidnap cases, fraudulent and embezzlement crimes, hit and run cases, money laundering, threats and extortion, murders, perjuries, prostitution, rape, racketeering, robberies, restraining order cases, violation of tax laws, trespassing and vandalism, shoplifting and DMV hearings as well. So wide is the strata of the cases which are handled and won by Walia law firm.

It provides expert services to clients in areas like Alameda County, Contra Costa, San Mateo County as well as Santa Clara County. In the states of California and San Francisco, the offense of driving under influence is punishable in the court of law. The culprit has to bear a one year imprisonment. However in case if the DUI has caused severe injuries homicide or vehicular human slaughter, the punishment is also made more severe. For handling such cases adequate defense is provided by a San Jose Dui lawyer in the San Jose area, San Francisco DUI Attorney also called as San Francisco DUI Lawyer.

In the area of San Jose the coverage of Walia law firm is no less than the best. A San Jose criminal lawyer or San Jose Criminal Attorney is designated in order to defend people who are accused of crime around this area. San Jose Criminal Defense Attorney plays a vital and powerful role in making a call for justice by combating for your rights.

Thus it can be safely advised that in case, if one is being arrested or charged of crime with any definition, he can lay his trust on Walia law firm which is available 24*7, 365 days a year. With their focused, responsive and personalized style of dealing with cases, justice and hence victory is not far. All you need is to contact them and relax back at home once you have acknowledged them of all facts of your case.

White Collar Criminal Lawyer New York

The term white-collar crime was coined in 1939 by sociologist Edwin Sutherland. The term encompasses nonviolent criminal offenses that are committed in a business or professional setting to achieve financial gain. White-collar crimes are committed by people in the context of their occupation.

Below is the list of some common types of crime that fall under this category:

Bank Fraud

Bribery

Bankruptcy Fraud

Computer Fraud

Counterfeiting

Credit Card Fraud

Embezzlement

Economic Espionage

Forgery

Insurance Fraud

Money Laundering

Perjury

Securities Fraud

Tax Evasion

Under jurisdiction of the FBI, crimes of this nature are “illegal acts which are characterized by deceit, concealment, or violation of trust, and which are not dependent upon the application or threat of physical force or violence.” There are many controversies surrounding the convictions and penalties between white-collar crime suspects versus blue collar crime suspects. As white collar crimes are typically nonviolent and involve individuals of a higher class, convicts receive shorter sentences and nicer prison accommodations than their blue collar counterparts. But in few big fraud cases, some convicts have received sentences for life in prison, along with huge court-ordered fines and restitution payments.

While the charge depends on the size of the illegal operation and the degree of involvement for each individual, committing a white collar crime typically results in a felony charge. In the United States, sentences for white-collar crimes may include a combination of imprisonment, fines, restitution, community service, disgorgement, probation, or other alternative punishment.

For serious white collar offenses, you need a serious defense. A white collar attorney in NY understands that your case may be complicated, atypical, and in need of personalized representation. If you have concerns with white-collar crimes, you can contact white-collar criminal lawyers New York Paul D. Petrus, Jr. by phone at 212-564-2440 or visit www.petruslaw.com. Mr. Petrus, through hard work and a personal touch, will build a defense for you. NYC white-collar lawyer Paul D. Petrus, Jr. is dedicated to providing individually tailored legal solutions in the areas of white-collar criminal defense litigation, internal investigations, and corporate compliance.

Mandatory Sexual Harassment Training Laws In California, Connecticut, And Maine

Though all states have laws prohibiting sexual harassment on the job, California, Connecticut, and Maine take the step from reactive to proactive by mandating sexual harassment training for supervisors to prevent sexual harassment before it begins. While the three states training measures are similar, there are also significant differences in the specifics. Californias mandatory sexual harassment law (AB 1825) provides detailed requirements for harassment training requirements far more stringent than those of Connecticut and Maine. AB 1825 calls us to a new level of accountability that will undoubtedly influence sexual harassment laws across the nation, said Stephen Paskoff, president of Employment Learning Innovations, Inc., a workplace training firm based in Atlanta. It puts education on the front burner and acknowledges it as any companys best defense against sexual harassment claims.

While each of the states laws designates which companies must provide harassment training, Maine requires the training at companies of only 15 employees or more. Both California and Connecticut specify that companies employing 50 or more employees conduct the training. In this instance, Maines law is more stringent than the other two states. Maine is also more stringent is designating which employees must complete the training. Both California and Connecticut require training for employees with supervisory authority only, while Maines law requires sexual harassment training for all employees, regardless of their positions.

In many areas, however, Maines mandatory harassment training is more lenient. For instance, Maine does not specify the qualifications of a trainer; individual companies are at liberty to choose trainers. In contrast, California and Connecticut require qualified trainers. Connecticut allows a great deal of latitude by designating trainers as individuals employed by the company or other persons who agree to provide the training. California law, however, includes stringent details describing trainer qualifications. Qualified personnel include the following only:
Attorney
Human Resources professional
Harassment prevention consultant
Law school or college professor with knowledge and experience in the prevention and/or handling of harassment, discrimination, and retaliation claims

Paskoff said that by raising the bar on trainer qualifications, California sends a clear message to employers: check the box training is no longer acceptable. A paragraph in an employee handbook, a reminder in a newsletter, an obligatory lecture at a department meeting none of these constitute sexual harassment training. Instead, employers must invest their resources in highly trained professionals with both the knowledge and skills to effectively train and assess participants.

In addition to trainer qualifications, Maine is also more lenient in the areas of documentation. Maine requires no documentation of sexual harassment training, while Connecticut simply encourages documentation. In contrast, California requires it. Again California holds its employers and supervisors to a new level of accountability. In addition to basic documentation that includes the names of the participants and trainers, AB 1825 requires an employer to give each supervisor a copy of its anti-harassment policy and to obtain documentation from each supervisor acknowledging receipt of the policy. The company must then maintain the documentation for two years.

One distinguishing element among the three states harassment training laws is Californias requirements regarding teaching methodology. These requirements set a uniquely high standard. The methodology must include the following elements:
Questions that assess learning
Skill-building exercises
Discussion questions that actively engage participants in the learning process
Questions that assess learning success
Hypothetical situations and scenarios that are true-to-life
Memorable strategies for reporting and preventing sexual harassment
Opportunities for participants to ask questions and receive prompt answers

While both California and Connecticut state that the mandated training must be interactive, Californias training law goes to great lengths to describe exactly what constitutes an interactive approach. AB 1825 forces employers to do more than just pass on information to employees and hope they remember it. Instead, Californias training participants have every opportunity to understand the concepts and absorb them into their own professional values. In addition, companies bear the responsibility of choosing materials that fulfill the methodology criteria and using trainers who can effectively administer it.

As for course content, the three laws have the following content in common:
Definition of sexual harassment
State and federal statutory provisions concerning sexual harassment
Types of conduct which constitute sexual harassment
Employers obligation to investigate
Remedies available to victims

AB 1825, however, also mandates the following course content:
Limited confidentiality of the complaint process
What to do if a supervisor is personally accused of harassment
How to use the essentials of an anti-harassment policy if a complaint is filed
Fully detailed anti-harassment policy provided by each employer
Supervisors acknowledgment of receipt of the policy

The additional requirements in the California law focus directly on supervisors. Once supervisors complete the training and acknowledge receipt of an anti-harassment policy, they are fully accountable for knowing and applying the policies correctly. If a sexual harassment complaint arises, they can neither plead ignorance of the law nor accuse the employer of failure to provide policy. These measures empower employees who file sexual harassment lawsuits, thus laying the groundwork for successful prosecution of offenders.

The sexual harassment training measures are positive tools, but their real effectiveness lies in their reinforcement efforts. Paskoff said, Whereas Connecticut and Maine only require supervisors to undergo sexual harassment training once, Californias AB 1825 recognizes that the most effective learning comes from education that is continuously repeated and enforced until it is fully integrated into the day-to-day work life. To that end, Californias sexual harassment training requires supervisors to repeat the training every two years.