...[pic] LAW529: Employment and Labour Law Take-Home Exam Professor Pnina Alon-Shenker Date: Tuesday, October 28, 2014. Submissions Due: Tuesday, November 11, 2014 by 08:00 am. Students must submit assignments on time. Failure to do so results in a grade of zero. Material Covered: Labour Law (weeks 8-11): Chapters 2-5 (Olivo’s textbook), including lectures, discussions, cases, and PowerPoint slides. Submission Requirements: Students must submit their assignments to Turnitin.com through the course Blackboard site. Students must also deposit a hard copy of their assignment in the instructor’s mailbox on the 7th floor of TRSM building (mailbox room, mailbox #101). Please DO NOT submit your assignment via email. Please DO NOT submit your assignment in class or in the instructor’s office. Please DO NOT submit your assignments in folders, binders or plastic covers. Length: Papers should not be longer than 4 pages (double spaced) excluding a cover page. Format: 8.5” x 11” paper, Times New Roman 12 point font, within minimum 1” margins. Any pages beyond 4 pages will not be read nor considered in marking the assignment. Term Value of this assignment: 25% Assignment Requirements: Please answer the questions in an organized and coherent way. Please use headings and if appropriate sub-headings. Introduction and conclusion are not required. You are not required to use external sources. Please note that collaboration or group work is forbidden. You...
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...QUARTERLY NEWS AND TOOLS FROM TIAA-CREF | SPRING 2005 Three Steps To Improve Your Financial Planning Understand your savings and investment habits Create a winning budget Find the right retirement product for your needs What’s the future of Medicare? COMMENT BERT SCOTT Designing Products to Meet Your Financial Needs T hroughout our 87-year history, TIAA-CREF has been an innovator in the retirement investment field. We created the variable annuity, pioneered the use of real estate and foreign investing in pension plans and helped bring inflation-linked bonds to America. But stay tuned; there’s more to come. As the leader of TIAA-CREF’s Product Management area, I am proud to be part of the team that will be bringing you our newest products and services. At Product Management, TIAACREF’s “manufacturing” center, top-notch professionals develop new investment and insurance products and make sure those we already offer are still working for you. In a continually changing financial services marketplace, our mission remains simple: to provide the tools you need to help reach your financial goals. A large part of our work involves listening to you. This enables us to know what you need now, and what you may need down the road. So we begin the product design process by asking questions: What do you, our clients, want to accomplish? ■ How will those goals change over time? ■ What do you like about what’s currently available to you? ■ What do you need that we don’t offer...
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...College Costs and Potential Solutions for Students College cost becomes a main factor for an individual who is deciding whether or not higher education is the most reasonable decision. Based on statistics alone, the majority of students planning to further their education will most likely take on debt in the process. As a result, students may find it necessary to seek alternative resources in order to receive their education. This issue of tuition costs, specifically, have also been addressed several times by President Barack Obama, who has devised plans to eventually lower the costs. In addition to tuition costs, students must also spend a significant amount of money on books. Unless alternative approaches are taken, the costs of higher education will continue to increase, which may deter students from attending college immediately after high school. In today’s society, a college degree has become a necessity for anyone planning to establish a career. Because the concept of college is so valued, ambitious students want to make the best of their education. However, as the demand for a degree increases, the cost of college also progressively increases. This allows for colleges to manipulate the cost of tuition for their own benefit, as they are aware that some students would be willing to pay the full cost. The students, who are unwilling or unable to pay these high tuitions, might ultimately have to seek other options even if they are good students. However, even if the...
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...Tamara Robbins Professor Schwartz WR 122 February 3, 2015 The Obama administration proposed to make two year college free for responsible students. Others have tried and failed. The facts are that we will still be paying for it in the end with our taxes and that free tuition will only cause more debt, and it will turn our unique individual college experiences into more bleak college experience. The Obama administrations “proposal aims to waive tuition for community college students who maintain a minimum 2.5 GPA and make steady progress toward completing their program, the plan applies to both half-time and full-time students and includes certificate, associate, and bachelor’s degrees” (HS). This minimum requirement is lower then what is currently required by FASFA. “It is estimated that this would cost six billion dollars per year, this money will simply replace the tuition students were already paying, not increase colleges’ revenue. States would be required to pay for one-quarter of this tuition subsidy. Some may raise that money by decreasing the direct subsidies they give colleges now, which currently cover approximately two-thirds of the cost of educating each student.”(TIME) “However, reducing costs for students on its own is unlikely to significantly increase the number of students who finish degrees. Consider: Of all of the students who enrolled in public community college for the first time in the fall of 2003, only one-quarter earned any kind of certificate...
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...Under a Section 529 Qualified State Tuition Program Savings Plan, a contributor deposits cash into an account established to meet a designated beneficiary’s qualified higher education expenses. Unlike a Prepaid Tuition Plan which may be offered by a state or college, a College Savings Plan may only be established by a state. To receive tax-exempt status, 529 plans must meet five requirements relating to their operations which are: (1) they can only accept cash contributions; (2) they must provide a separate accounting for each beneficiary; (3) they may not permit either contributors or beneficiaries directly or indirectly to guide the investment of a 529 account's contributions or earnings; (4) they must prohibit the pledging of any interest in a 529 account as security for a loan; and (5) they must provide adequate safeguards to prevent contributions in excess of those necessary to pay the beneficiary's QHEEs. Contributions to a College Savings Plan can only be made in cash as mentioned above and no deduction is allowed for those contributions except in the states of Arizona, Kansas, Maine, Missouri and Pennsylvania. However, there are many tax incentives to contributing to a College Savings Plan. The amount of annual contribution of the plan is unlimited subject to the maximum balance of the beneficiary’s qualified higher education expenses. The earnings in this plan grow tax-free, and distributions from the account are also tax-free, also as long as the distributions do not...
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...Income Limitations on Lifetime Learning Credit The amount of the Lifetime Learning Credit is limited over a phase-out range. If your adjusted gross income is below the phase-out, your credits are not reduced. If your income is in the middle of the phase-out range, your credits will be reduced. If your income exceeds the phase-out range, you are not eligible to claim the Lifetime Learning tax credit. Below is the income phase-out range for the year 2011: • $51,000 to $61,000 : Single, Head of Household, or Qualifying Widow • $102,000 to $122,000 : Married Filing Jointly The Lifetime Learning Credit is a tax credit for any person who takes college classes. It provides a tax credit of 20% of tuition expenses, with a maximum of $2,000 in tax credits on the first $10,000 of college tuition expenses. You can claim the Lifetime Learning Credit on your tax return if you, your spouse, or your dependents are enrolled at an eligible educational institution and you were responsible for paying college expenses. Unlike the American Opportunity credit, you need not be in the first four years of undergraduate classes. Even if you took only one class, you may take advantage of the Lifetime Learning Credit. The American Opportunity Tax Credit is a refundable tax credit for undergraduate college education expenses. This credit provides up to $2,500 in tax credits on the first $4,000 of qualifying educational expenses. The tax credit is scheduled to have a limited life span: it will be available...
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...Name: 529 Plans http://www.sec.gov/investor/pubs/intro529.htm http://www.savingforcollege.com/college_savings_201/ 1. What is a 529 plan? A 529 plan is a tax-advantaged savings plan designed to encourage saving for future college costs. 2. | Qualified higher education expenses allowed | Penalties for withdrawing for non-qualified expenses? | 529 College Savings Plan | Covers all "qualified higher education expenses," including: * Tuition * Room & board * Mandatory fees * Books, computers (if required) | | 529 Prepaid Tuition Plan | All plans cover tuition and mandatory fees only. Some plans allow you to purchase a room & board option or use excess tuition credits for other qualified expenses | Same as above. | 3. How does investing in a 529 plan affect state and federal taxes? Earnings in 529 plans are not subject to federal tax, and in most cases, state tax, so long as you use withdrawals for eligible college expenses, such as tuition and room and board. 4. Who is eligible for a 529 College Savings plan? Any U.S. resident or only residents of the state Who is eligible for a Prepaid Tuition Program? Any U.S. resident or only residents of the state 5. Name the top 7 benefits of 529 Plans. (click College Savings 101 or http://www.savingforcollege.com/college_savings_101/) All plans cover tuition and mandatory fees only. Some plans allow you to purchase a room & board option or use...
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...of one year’s tuition at a public university currently averages $6,585 (College Board, 2009). At a rate of five percent per year, tuition could be increased by $329 each year. Imagine a child who has 15 years before attending college. Is it better to pay $6,585 or $11,520 per year? Fortunately, there are many options available to assist families in saving for future college expenses. When it comes to preparing and paying for college, one option is to start a Qualified Tuition Program, which guarantees current tuition rates and provides tax free savings. Qualified Tuition Programs were created in 1996 by Internal Revenue Code (IRC) 529 (Internal Revenue Manual, 2009). IRC 529 sets forth requirements plans must meet in order to receive federal tax exemption status for Qualified Tuition Programs. These types of programs are commonly referred to as ‘529 plans’ because of the code number they were created under. According to IRS Publication 970 (2009), a Qualified Tuition Program is any “program set up to allow you to either prepay, or contribute to an account for paying, a student’s qualified education expenses”. These programs are set up and maintained by states or eligible educational institutions. There are two types of plans; Prepaid Qualified Tuition Programs and Qualified Tuition Savings Programs. Prepaid Qualified Tuition Programs allow for the purchase of credits in the name of a designated beneficiary. With a prepaid plan, there is a guarantee that a credit of tuition purchased...
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...investment. 64．LEVERAGE In this paragraph, the author mentioned that although the price of the house you purchased goes up, you still may be risking a loss. However, the paragraph outlined a situation where a buyer purchased a home with a 20% down payment. I am confused about how the author determines the home equity would be close to $140,000. Moreover, my question is if the person pays the whole amount of the house and the price of this house goes up, can we say the folk make a profit from the house? 80. SECTION 529 COLLEGE SAVINGS PLANS In this paragraph, the author mentioned the advantages and drawbacks of section 529. I think the advantages outweigh the drawbacks. First, your savings grows tax-free only if the money is used for qualified education. Second, for wealth families, section 529 is also a good way to get their money tax-free quickly. However we can’t ignore a situation that if a family just has one child and the child doesn’t go to college, section 529 becomes useless. Furthermore, the family will face with income taxes and tax penalties on the tax-deferred...
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...parents open up a college savings plan for the child? The simple answer is yes. Anyone can set-up a savings plan for higher education and designate someone else as the plan's beneficiary. The 529 College Savings Plan A savings plan can take many forms. A simple savings account can be designated for that purpose, as can a trust fund. Most choose a formal 529 college savings plan instead, for the tax benefits it provides. A 529 plan is operated by a state or an educational institution, for the purpose of helping families (and others) set aside money for a child's future higher education needs....
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...civilized person in that community. See Ashman, 535 S.E.2d 265.The court ruled in favor of an off-duty police officer that ridiculed a handicapped woman wobbling to her car. The court held that mere tasteless, rude or insulting social conduct would not give rise to the claim of extreme and outrageous. See Ashman, 535 S.E.2d 265. Therefore, the officer’s comment of “she is all f***** up” to the disabled plaintiff does not satisfy the extreme and outrageous requirement sent by Georgia State. Georgia courts have held that there is nothing extreme and outrageous with subjecting an employee to an expected and encouraged evaluation, regardless of its harshness. Jarrard, 529 S.E.2d 144. In Jarrard, an employer gave an extremely brutal performance review after an employee had returned to work from a psychiatric care. Id. 529 S.E.2d 144. Georgia court holds that there is nothing inherently outrageous with subjecting an employee to a straightforward if hearts evaluation of his job performance, regardless of the timing. Therefore, van player did not express extreme and outrageous language in Jarrard. Georgia recognizes that a defendant's knowledge of a plaintiff's vulnerability to injury is critical in weighing what is extreme and outrageous; “the conduct may become so when the actor proceeds in the face of such knowledge, where it would not be so if he did not know." See Gordon, 388 S.E.2d 362; Williams, 415 S.E.2d 31. In Williams, 415 S.E.2d 31, a physician who ridiculed the patient for...
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...Bryant CJS/250 Check Point Week One: Historical Laws and Security Jenelle Velarde May 7, 2014 When it comes to historical laws and security, I have found that we tend to have the same kind of laws that they did back in time. However they also maybe revised to meet today’s society. We will be talking about six different historical laws which are The Code of Hammurabi, Draco’s Law, and Law of the Twelve Tables, Justinian Code, Magna Carta, and Statute of Westminster. The Law Code of Hammurabi (1750 B.C.) created by King Hammurabi, which was discovered in 1901. Also the quote “an eye for an eye” symbolizes the Hammurabi code. Which consist with the crimes that we have that gets disobeyed such as: slavery, marriage, theft, debts and commerce. Second law that I would like to tell a little about would be Draco’s law. Draco’s Law (621 B.C.) was named by the Greek citizen who they chosen to write the laws for Athens. Which consist of the death penalty, when someone has stolen anything from someone or murder someone Draco’s Law was given. Law of the twelve tables (450 B.C.) includes ten laws, then two more added later on. Law of the twelve tables came from ten men that were from Roman was given the power to write the laws. Which help form public and private laws foundation? Along helping to organize the prosecution where the victims could seek justice on whatever the person on trial done to them. However the law didn’t allow interclass marriages, severe punished...
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...time is of the essence this is very beneficial because taking time to appear before a judge to obtain a warrant could mean that a suspect could escape. Apart from changes to the Criminal Code the ruling had lingering effects on policing in Canada. Now, officers need to be even more aware of what they can and cannot due by law, and if something is not clearly defined then they must tread carefully. Police must also ensure that they identify themselves as law enforcement before entering a dwelling-house to serve a warrant. If they do not it could jeopardize their entire case because the accused could claim they were not aware it was the police at their door do to them not identifying themselves. The Supreme Court’s decision also helped citizens feel safer in their homes. They did not have to fear that the police would come into their homes without a warrant or justifiable grounds. This is because the section 529 was amended so that to obtain a warrant to arrest a person in their home the officers needed to have reasonable grounds to believe that the suspect would be in the dwelling-house. As a precedent setting case, R. v. Feeney had a vast impact on Canadian law and policing. ...
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... Dagenhart Supreme Court of the United States, 1918 247 U.S. 251, 38 S. Ct. 529, 62 L.Ed2d. 1101 Votes: 8-1 Majority Opinion: Justice Day Dissenting: Justice Holmes Not Participating: None Facts: The Federal Child Labor Act of 1916 banned the shipment of products made in factories that employed children under the age of 14 or allowed children between the ages of 14-16 to work more than eight hours a day. Roland Dagenhart an employee along with his two minor sons in a North Carolina cotton mill filed a complaint in district court seeking to enjoin the act which he viewed was unconstitutional. The district court held that it was unconstitutional, the case was appealed to the Supreme Court. Statue or Provision of the Constitution in question: The Federal Child Labor Act of 1916 Questions: 1. Is the Federal Child Labor Act of 1916 unconstitutional? Holding: 1. Yes Reasoning: The Court ruled that Congress had exceeded its authority in passing this act as the issue of child labor was a purely local matter to which the federal government had no authority over. Commerce consists of intercourse and traffic the making or mining of goods is not commerce, and considering that the goods being shipped were of themselves harmless Congress could not clearly state they were regulating commerce when passing the act. The Court also stated that even thought it can be claimed that differing child labor laws among the states creates unfair competition, Congress has no power that allows...
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...conviction, that certain testimony did not constitute improper hearsay, that jury instructions were proper, and that defendant was not prejudiced by the fact that her attorney also represented a coconspirator. The evidence was sufficient to support a jury finding that Kutas knowingly harbored and concealed an escaped prisoner. Prior Proceeding: The court instructed the jury as follows: The words “harbor” and “conceal” refer to any physical act of providing assistance, including food, shelter, and other assistance to aid the prisoner in avoiding detection and apprehension. *529 In light of the interpretation given to “harbor and conceal” in United States v. Hobson, supra, 519 F.2d at 773-74, the instruction was correct. Issue or Issues: Based on Kutas conviction and sentence why did Ackerman failed to tell her about her rights to a separate counsel and influenced her improperly? Rule of Law: 9th circuit is that to prevail on its ground, the defendant has the burden of establishing that the joint representation in fact created an actual conflict of interest and prejudiced her defense. See, e. g., United States v. Nystrom, 9 Cir., 1971, 447 F.2d 1350, 1351; Davidson v. Cupp, 9 Cir., 1971, 446 F.2d 642, 643. Kutas argues that we should reject this approach in favor of the District of Columbia Circuit's more “liberal” rule. This suggestion was specifically rejected in...
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