NASHVILLE, TN – Tennessee Department of Labor and Workforce Development Commissioner Karla Davis today announced new requirements of all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.

Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act requires verifying the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:

• A valid Tennessee driver's license or photo identification
• A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee
• A birth certificate issued by a U.S. state, jurisdiction or territory
• A U.S. government issued certified birth certificate
• A valid, unexpired U.S. passport
• A U.S. certificate of birth abroad
• A report of birth abroad or a citizen of the U.S.
• A certificate of citizenship
• A certificate of naturalization
• A U.S. citizen identification card
• A lawful permanent resident card

The law also requires employers to obtain and maintain a copy of one of the above listed identity/employment authorization documents for all non-employees as well.  A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s labor or services.

The employment verification provisions referenced above will be phased in as follows:

• All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
• All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
• All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012
• All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013

The Tennessee Department of Labor does have the authority to impose penalties for non compliance. For a first violation, $500 for each employee or non-employee not verified, for a second violation, $1,000 for each employee or non-employee not verified, and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.

Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.

For more information on the Tennessee Lawful Employment Act visit http://www.tn.gov/labor-wfd/eVerify/ or contact the Labor Standards Division toll-free at 1-855-TNEBILL (1-855-863-2455).

(ARA) - As residents and business owners tire of clearing snow and ice from sidewalks, driveways and parking lots, they are probably not thinking about lawsuits, fines and jail time. But maybe they should. The public's demand for winter safety and mobility isn't confined to roadways alone; it also includes pedestrian safety and mobility.

A few years ago, the Salt Institute conducted an informal survey of county and municipal agencies regarding their practices of sidewalk snow clearing. Eighty-three percent of the agencies have written policies directing property owners to remove accumulated snow and ice "within 24 hours of the end of the snowstorm." Penalties for property owners not complying can range from nominal tickets, to misdemeanors punishable by up to 90 days in jail, to fines of up to $500.

There is also the possibility of a lawsuit alleging negligence if sidewalks and parking lots are not properly maintained and a pedestrian slips and is injured. Often the homeowner, business owner and municipality are all named in such lawsuits. Over half of the agencies which responded to the survey reported being sued for a sidewalk accident.

Some property owners cite confusion over the liability involved with the decision "to shovel or not to shovel." The common misconception is that by not shoveling, plowing or spreading salt, one cannot be sued for clearing surfaces poorly in case of a pedestrian slip and fall.

While laws vary by state and municipality, most mandate clearing and offer some level of protection for reasonable efforts. For instance, the Illinois Snow and Ice Removal Act states that any owner who "removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was willful or wanton."

Property owners should check their state laws and local ordinances and then take the required actions, which may include hiring a private contractor to clear areas of snow and ice if they are unable to do it themselves.

Courtesy of ARAcontent

LAW FIRM EXPANDS ON REAL ESTATE OFFERINGS WITH OPENING OF COMPANY

MURFREESBORO – January 11, 2010 – Congress has passed countless new regulations that have turned the real estate industry on its head. Lawyers Land & Title Services, LLC, today opened its doors to provide guidance to real estate professionals, as well as novice buyers and sellers in the evolving rules and regulations regarding title, escrow and closing services.

“As the real estate market begins to improve in Middle Tennessee,” said David Kious, “we felt like buyers needed additional confidence and expertise in navigating the evolving real estate rules and regulations.”

The company is a subsidiary of Murfreesboro law firm Kious, Rodgers, Barger, Holder and Kious, PLLC.

Attorney J. D. Kious and Closing Agent Lynn Vaught will head the Lawyers Land & Title Services team, but all of the partners at KRBHK, PLLC will play an active role in helping buyers and sellers complete their real estate transaction with confidence and security.

“We’ve been listening to the region’s real estate professionals – lending agents and real estate agents – and have put together a unique process that not only makes their jobs easier, but also helps buyers and sellers feel less overwhelmed by the transaction,” added J.D. Kious

Services offered by the new entity will include commercial and residential real estate closings, loan closings, title insurance (owner’s and lender’s policies), title searches, escrow services, loan document preparation, title and document review, and 1031 Exchanges.

Lawyers Land & Title Services is located in the historic John Spence House at 503 N. Maple Street.

About Lawyers Land and Title Services, LLC

The lawyers and closing agents at Lawyers Land & Title Services have more than 75 years of combined experience in commercial and residential real estate closings. Based in Murfreesboro, Tennessee, one of the fastest growing communities in the country, LL&TS understands the unique real estate needs of Middle Tennesseans. Lawyers Land and Title Services, LLC provides professional title, closing and escrow services. They can be found on the web at lawyerslandandtitle.com

(ARA) - Scam artists are always changing their schemes in an effort to trick consumers into handing over money or personal information. One of the latest scams involves hacking into social networking sites and then targeting specific friends in the victim's account.

For example, a scam artist will gain access to "Susan's" Facebook account. The scammer will send an e-mail message to all of her friends pretending to be Susan and claiming to have been mugged, injured or arrested in a foreign country, and in need of some cash immediately. But in reality, Susan is completely unaware that this message was sent out because she did not send it.

Believing that this message is from Susan, her friends want to help and immediately follow her instructions to wire money through a money transfer service like Western Union. Later they discover that they sent money to a scam artist.

The following are some tips from Western Union to help you avoid becoming a victim of these "emergency" scams through which fraudsters prey on people's emotions:

* If you receive an e-mail or phone call claiming a friend or family member needs cash, take a step back and attempt to independently verify the need. Call the person on their phone, or call a mutual friend and find out if they are aware of the situation.

* Let your friend or family member know that you have received a call or e-mail from them claiming they need help. If it turns out there isn't an emergency situation happening, they will need to report the case to local police and the administrators of their social networking site. Also advise them to change their passwords and install or update an anti-virus and anti-spyware program to help protect their computer from hackers.

* If you did send a money transfer through Western Union, and realize that it was a scam, immediately contact the company at (800) 448-1492. If the transaction has not been picked up, it will be refunded to you. Contact the police if the money has been picked up and file a report about the scam.

* Be aware of questionable situations. Scam scenarios can evolve quickly and the way scammers contact victims changes daily. Another scam similar to the social networking scheme that targets victims' emotional reactions involves phone calls from people pretending to be family members or authority figures who claim to be in need of money for medical assistance or even bail.

Regardless of whether you are contacted online or through some other means, be suspicious of requests to send money to "help a friend or family member out" unless you can absolutely verify the information you've been given.

For more information on other scams or for more tips on how to protect yourself from scams, visit www.WesternUnion.com/fraud. of ARAcontent

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(ARA) - While Americans have been using the Internet for about 20 years, it can still feel like the wild, wild West. Despite many technological advances that reduce the risk of your identity being stolen, becoming the victim of an Internet scam or having your privacy invaded by others on the Internet still occurs all too often. And, as a number of recent incidents involving social networking Web sites have shown, it can even be deadly.

Keeping your guard up is essential to avoiding trouble on the Internet. Here are some tips from FindLaw.com, the world's leading online legal resource, on how you can stay safe online:

Don't give out personal information too easily. 
Avoid giving out personal information such as your name, address and telephone number on Web sites until you've read and understand their privacy policy. For example, be on guard for any online promotion or contest in which you may be asked to provide details about yourself. This information will likely be used to market to you in the future. Never give out your Social Security number online, unless you are certain the site is secure.

You're being monitored. 
Be careful of the e-mails you send and the Web sites you visit while at work. In most U.S. states, employees have little if any privacy protection from employers who may be monitoring their e-mails and Internet usage while on the job.

Don't reply to spam. 
Ever get one of those strange, unexpected e-mails for real estate, weight loss, work-at-home or investment opportunities? Your best bet is to delete those e-mails without opening them. Never reply to these e-mails, even to remove your name from their lists. Replying will alert the sender that your e-mail is a "live" e-mail attached to an actual person.

Secured Web sites only. 
Before you purchase a product or service online with a credit card, make sure the connection is secure or encrypted. Look for a small lock icon on the Web site, or look at the URL address line; a secure connection will begin with https:// instead of http://. of public wireless sites. 
Don't send personal or confidential information when using public wireless connections in coffee shops and other public places. Fellow wireless users could potentially monitor your Internet usage from their laptops, only a few feet away.

Beware

Would your mother blush? 
Avoid revealing personal information or photos on Web sites such as Facebook, MySpace or SecondLife. Personal, possibly very embarrassing information or images could haunt you in the years to come, when applying for college or a new job. If it's on the Internet, it's available for a potential employer, your school, a future or current spouse, or heaven forbid, your mother or grandmother to find it.

Don't trust your best friend (even your partner).
As a number of recent incidents involving "sexting" demonstrate, sending photos of yourself in the nude or in compromising positions could not only be extremely embarrassing when a partner or ex-partner starts to share those photos with his or her friends, but it also could be illegal.

Always go with a friend. 
When using Web sites such as Craigslist or Freelist to buy or exchange goods locally, always bring a friend, your partner or your spouse with you to meet a seller or buyer. Avoid allowing a potential buyer into your home, as they may be checking it out for potential valuables, and avoid going into the home of a seller.

Watch your cookies. 
Cookies are tidbits of information that Web sites store on your computer. Some cookies are useful, such as those that store information about you so you don't have to retype it every time you go to that site. Other cookies, though, can be used to track your motions through a Web site, the pages you visit or the links you click. Some companies keep this data to themselves - however, some companies sell this information to other marketers. You can monitor and edit the cookies on your computer through your browser.

Install anti-spyware. 
Spyware is sneaky software that rides its way onto computers during the download of screensavers, games, music and other applications. Spyware sends information about what you're doing on the Internet to a third-party, usually to target you with pop-up ads. Anti-spyware will help block this threat.

Monitor your kids' Internet use. 
Move computers out of the bedroom and into family space where parents and others can check on your child's Internet use by simply walking by. Set specific times that your child may surf the Web, and set rules about social media Web sites, such as Facebook, My Space and Twitter.

To learn more about how to protect your privacy online, visit www.FindLaw.com. of ARAcontent

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(ARA) - Nearly 10 million people in the United States were victims of identity fraud last year and, over the past two years alone, Americans have lost $8.5 billion to online con artists. When online criminals are so convincing, how do you avoid becoming a victim? And how do you know if you've already become a victim of a cybercrime and know where to go for help? 

Recently an Oregon woman lost nearly half a million dollars of her family's retirement savings in a cyberscam. Her saga started when she used a genealogy Web site to track down her family history and ended with a cybercriminal stealing information about her and her family members. Her dramatic story is chronicled in a Web film series at www.stophcommerce.com. are relentless when it comes to trying to access your personal information, credit and bank accounts. We call it H*Commerce or hacker commerce," says Pamela Warren, cybercrime strategist at McAfee, the world's largest dedicated security technology company. "The sad news is that consumers sometimes lose hundreds of thousands of dollars or sometimes their life savings to these cybercrooks."

"Criminals

Warren shares best practices and telltale warning signs that you have been the victim of a cybercrime, and what to do about it: 

Telltale sign 1:
You find unexplained charges or suspicious activity on one or more of your financial accounts.

What to do:
Contact your financial institutions immediately and report the crime to law enforcement agencies. If you find the transaction was fraudulent, consider placing a fraud alert on your accounts with the three credit reporting agencies. 

How to keep it from happening to you:
Cybercriminals are incredibly savvy at creating legitimate looking Web sites, including sties requiring financial information. To be sure you don't fall victim, download a safe search tool, like SiteAdvisor, that will alert you if you're about to click on a dangerous site. 

Telltale sign 2:
Your computer suddenly slows down and/or you start seeing numerous pop-up ads.

What to do:
Sudden changes in your computer's performance can be a sign that it's infected with spyware, viruses and other forms of malicious software. Install and update your computer security software.

How to keep it from happening to you:
Make sure the subscription to your security software is current, and you have adequate protection.  As cybercriminals evolve their tricks, you can rest assured that you're safe.

Telltale sign 3:
You responded to an e-mail or Web site request for personal information and now think it might have been a scam.

What to do:
It's possible you are now the victim of an online fraud that uses e-mails and Web sites looking like legitimate businesses to solicit personal or account information. Check your financial accounts. If you notice unusual activity, notify the appropriate financial institutions.

How to keep it from happening to you:
Never follow links in e-mails from businesses or people that you do not know.

If you have become the victim of an online scam, you are not alone. Tens of thousands of Americans fall prey to clever cybercriminals each year.

To diagnose your situation if you think you may be a victim of cybercrime, and learn how to stay safe in the future, visit McAfee's Cybercrime Response Unit at McAfee.com/CRU.

The CRU acts as an "online 911" and provides many tips on what to do if you've been scammed, information on the tactics cybercriminals use, online safety tips and resources to report cybercrime to law enforcement and other authorities. You can also speak to live experts who can directly assist you in recovering from an attack.

Courtesy of ARAcontent

(ARA) - Did you know that you don't have to be legally drunk to be arrested for driving under the influence? That there are many ways to break a contract or that if you receive a ticket and there's an error on it, it's still valid? Not knowing the law in some of life's most common legal situations can lead to unexpected expenses, substantial penalties or could put yourself and others at risk.

Unfortunately, many Americans carry a number of misconceptions about some of the most common laws that affect their everyday lives, according to FindLaw.com (www.findlaw.com), one of the world's leading online sources for legal information.

Based on inquiries from among the more than 4 million visitors who come to FindLaw.com each month, here are the top 10 scariest myths about the law:

Myth 1: You have to be over the legal Blood Alcohol Content (BAC) limit to be charged with Driving Under the Influence (DUI).

Fact: In most states, it's illegal to drive a car or other motorized vehicles (motorcycles, boats, snowmobiles, etc.) while impaired by the effects of alcohol or drugs (including prescription drugs). Many people get to this point before they are at the BAC limit, which is 0.08 percent in all states. That means you do not have to be at or above the legal limit to be charged with a DUI.

Myth 2: A written contract can't be broken.

Fact: Actually, parties can get out of written contracts in many ways. For instance, if the contract wasn't drafted well, a court may declare it not to be binding. A contract can be deemed unenforceable when the terms are patently unfair to one of the parties. Contracts may also contain specific conditions under which the contract can or will be dissolved.

Myth 3: If someone breaks into your house, you have the right to use lethal force against them to protect yourself, your family or your property.

Fact: While most states, counties or cities protect a homeowner's right to defend their family and their property, not all allow the homeowner to use lethal force. Some jurisdictions that do allow for the use of lethal force require that the homeowner must reasonably believe that the intruder means to inflict death or serious bodily injury on the homeowner and his or her family.

Myth 4: An error on a traffic ticket voids the ticket.

Fact: For minor errors, there are administrative procedures that courts can use to modify information entered on a traffic ticket.

Myth 5: If the police don't read a person their Miranda rights when arresting them, they can't be convicted of the crime.

Fact: Police are supposed to advise a person who has been arrested of his or her right to remain silent and their right to an attorney. But, the failure to do so won't result in the case against the arrestee being dismissed. Instead, a judge might not allow any statements the arrestee made while in police custody to come in as evidence against them. This may make it more difficult to convict the person, but they could still be found guilty if there is sufficient alternative evidence.

Myth 6: If a person is driving a car without a license and is injured in an accident, they can't recover damages if the accident isn't their fault.

Fact: Whether or not a person is driving with a license won't affect their ability to recover damages if the other driver was at fault.

Myth 7: Couples who live together for six years are considered married.

Fact: Not all states recognize "common law" marriages, and the states that do might have additional requirements. The amount of time that a couple has cohabitated is not the sole determinant of whether or not the couple has entered into a common law marriage.

Myth 8: Car insurance won't cover you if someone other than your spouse or a family member is driving your car.

Fact: Most insurance policies cover the car owner in these circumstances. Check with your insurance provider to see if your policy includes this provision, and, if it doesn't, ask if you can add it.

Myth 9: An undercover police officer always has to admit that he or she is a cop.

Fact: Police officers are allowed to use deception to fight crime, as long as they don't intimidate or harass someone into committing a crime that they otherwise would not commit. If an undercover police officer had to reveal their identity, it could put their life in jeopardy, so there is no requirement for them to do so.

Myth 10: Every nonprofit (and every donation to a non-profit) is tax-exempt.

Fact: In order for a nonprofit to gain tax-exempt status, it must meet the requirements of Section 501(c)(3) of the U.S. tax code. Donors who make a qualifying donation to a 501(c)(3) organization are entitled to list the donation as a deduction, but donations to groups that haven't been granted tax-exempt status under 501(c)(3) are not tax deductible.

To learn more about everyday legal matters, visit www.findlaw.com. of ARAcontent

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(ARA) - For one week at the end of October, law schools, law firms, bar associations and other legal groups from New York to New Orleans and Boston to Seattle will recognize work done by lawyers on behalf of the poor and underserved through the first national pro bono celebration.

Pro bono refers to legal work that lawyers do without a fee for the benefit of their communities.  This work can include representing individuals near the poverty line in civil cases such as landlord-tenant disputes, custody issues or foreclosures. It can also include legal work on behalf of an organization that serves the poor, such as a homeless shelter.

The American Bar Association Standing Committee on Pro Bono and Public Service is sponsoring this pro bono recognition from Oct. 25 through 31. To date local organizers have planned more than 250 events in 48 states.

The legal profession in the United States is among the very few that calls on its members to make a difference in their communities through pro bono work, taking pride in the fact that nearly three quarters of lawyers - 73 percent - report providing free legal work for people of limited means. 

This national celebration offers a time for lawyers to reflect on this core value of the profession. Pro bono legal work  brings hope to the powerless and gives a voice against injustice. While lawyers have done much, there is still much to do.

As part of the National Pro Bono Celebration Week, former Vice President Walter Mondale will speak during an Oct. 30 continuing legal education program on civil legal aid sponsored by the Minnesota State Bar at the University of St. Thomas Law School in Minneapolis. Also during that week the Pennsylvania State Bar will offer child advocacy training in Philadelphia and the Wyoming State Bar will present a legal clinic at the Cheyenne Public Library.

"We are gratified to see the response from the legal community," says Mark Schickman, who serves as the chair of the inaugural pro bono event. "In addition to legal clinics, we have seen law firms planning events to recruit more lawyers to take on pro bono projects, continuing legal education programs on such topics as domestic violence and bankruptcy, and a series of bar and law school symposia throughout the San Francisco Bay area."

More information about the National Pro Bono Week Celebration is available at www.celebrateprobono.net. of ARAcontent

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IMAGE CAPTIONS:
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Caption 1: Medical-legal partnerships are a form of pro bono service that involves lawyers and doctors working together to solve problems on behalf of patients, such as landlord-tenant or employment concerns. Medical-legal partnerships, in which lawyers volunteer their services, operate at 81 sites serving 185 hospitals and health centers in the United States.

(ARA) - When a woman is diagnosed with breast cancer, many of her most important questions can't be answered by a doctor. What if my insurance won't cover a new treatment? Do I risk losing my benefits if I am not working full time? Will my boss let me take time off for treatment?

To help women answer these questions, the American Bar Association, and state and local bar associations across the country sponsor breast cancer legal advocacy workshops. This landmark project features panels of local legal experts who train other attorneys on how to represent breast cancer patients facing legal challenges related to their illness.

One Indianapolis expert on the Family and Medical Leave Act explains that when it comes to breast cancer, the No. 1 legal issue is not the denial of insurance coverage, but in fact, continuation of employment.

Many breast cancer patients face employment discrimination due to misconceptions about the disease and a lack of empathy and understanding of cancer. However, both federal and state laws protect against unlawful employment actions.

Legal professionals can help patients understand the complex health care provisions of insurance coverage that are often difficult to understand and can fight for patients' employment rights. Women with breast cancer should work with legal advocates and know that lawyers stand ready to be partners in the fight against breast cancer.

One in eight women will be diagnosed with breast cancer in their lifetime, underscoring the need for more legal advocacy workshops and more partnerships between doctors, lawyers and patients.

The American Bar Association's Breast Cancer Legal Advocacy Workshop Toolkit offers advice and aid for lawyers wishing to help patients navigate their situation and provides a blueprint for attorneys to use for developing training programs to educate other advocates.  Here is a sample of the advice the toolkit offers anyone facing breast cancer:

Ten steps to protecting the legal rights of breast cancer patients:

1. Read your health insurance policy carefully.
2. Determine if the treatment prescribed by your physician is covered by your policy.
3. Find out about the appeals process under your insurance policy.
4. Consult with an expert who is knowledgeable about health insurance law.
5. Plead your case in person to your insurance carrier.
6. Personalize your written case with your insurance company.
7. Obtain copies of your medical records.
8. Document everything.
9. Ask your physician to advocate for your treatment.
10. Be prepared to fight.

Courtesy of ARAcontent

(ARA) - For one week at the end of October, law schools, law firms, bar associations and other legal groups from New York to New Orleans and Boston to Seattle will recognize work done by lawyers on behalf of the poor and underserved through the first national pro bono celebration.

Pro bono refers to legal work that lawyers do without a fee for the benefit of their communities.  This work can include representing individuals near the poverty line in civil cases such as landlord-tenant disputes, custody issues or foreclosures. It can also include legal work on behalf of an organization that serves the poor, such as a homeless shelter.

The American Bar Association Standing Committee on Pro Bono and Public Service is sponsoring this pro bono recognition from Oct. 25 through 31. To date local organizers have planned more than 250 events in 48 states.

The legal profession in the United States is among the very few that calls on its members to make a difference in their communities through pro bono work, taking pride in the fact that nearly three quarters of lawyers - 73 percent - report providing free legal work for people of limited means. 

This national celebration offers a time for lawyers to reflect on this core value of the profession. Pro bono legal work  brings hope to the powerless and gives a voice against injustice. While lawyers have done much, there is still much to do.

As part of the National Pro Bono Celebration Week, former Vice President Walter Mondale will speak during an Oct. 30 continuing legal education program on civil legal aid sponsored by the Minnesota State Bar at the University of St. Thomas Law School in Minneapolis. Also during that week the Pennsylvania State Bar will offer child advocacy training in Philadelphia and the Wyoming State Bar will present a legal clinic at the Cheyenne Public Library.

"We are gratified to see the response from the legal community," says Mark Schickman, who serves as the chair of the inaugural pro bono event. "In addition to legal clinics, we have seen law firms planning events to recruit more lawyers to take on pro bono projects, continuing legal education programs on such topics as domestic violence and bankruptcy, and a series of bar and law school symposia throughout the San Francisco Bay area."

More information about the National Pro Bono Week Celebration is available at www.celebrateprobono.net. of ARAcontent

Courtesy

IMAGE CAPTIONS:
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Caption 1: Medical-legal partnerships are a form of pro bono service that involves lawyers and doctors working together to solve problems on behalf of patients, such as landlord-tenant or employment concerns. Medical-legal partnerships, in which lawyers volunteer their services, operate at 81 sites serving 185 hospitals and health centers in the United States.