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Are there any federal or state laws against student discrimination? answers (447013)

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Does Gift or Estate Law Apply?

A:  The house will be deemed part of his estate. Anything given away within three years of death is pulled back into the estate. The house will be valued (I believe) at the date of your father''s death. You will probably not have any tax liability because you get $1 million lifetime exemption on gifts and estates. That means you can give away, either through lifetime gifts or death transfers, up to $ 1 mil before you pay any tax. It seems as if your father''s estate will be under $1 mil so you should not have any tax. The executor will still have to file a return though. Another important issue is what is your basis in the house. That is, what is the difference between what you paid for the...

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Is it illegal to make violent 'school' games?

A:  You should read the school handbook and the state DOE rules and regulations. The answer to your question is NOT as simple as you believe. The problem is that your scenario crosses not only the strict boundary of the law, but also into a ''gray area'' of school security and the perception of violence or harm. As for the legal part, as you are aware, there are several ''levels'' of laws; federal, state, county and even municipal. As you have described your scenario, I don''t believe that your ''game'' would violate any federal or state laws. We are unable to answer as to county or municipal statutes or ordinances. As...

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Back Dating Attendance Policy? Maryland

A:  I''m not aware of any federal or state law (in any state) prohibiting an employer from backdating a policy. Five? Most of my client companies are not that tolerant and term folks after three. The company weakens its chances of prevailing at an unemployment hearing for those discharged with numerous absences that occured prior to the policy being rolled out, but changing policies is not illegal. Thanks cbg & ScottB! I agree that they should be able to change policy at any time. However, I''m a bit shocked that they can back date a policy 2 months, and hold employees responsible for those occurances. Since no one ever passed a law saying they can''t, they can....

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federal Law for mandatory lunch breaks for exempt employees?

A:  No, there is no federal or state law requiring an 30 minute lunch break for either exempt or non-exempt employees. HR''s grounds for forcing this is simple: the employer, not the employee, sets the rules, including the hours of work. Contrary to what a frightening number of people believe, an exempt employee does not get to come and go as they please. It is entirely legal for an employer to require an exempt employee to work certain hours, or to take a lunch break. Bottom line; the employer cannot require that you take fewer breaks than the law requires, but they can require you to take more. If your employer says you take a lunch break, you take a lunch break. Period. Contrary to what you might believe: federal Law...

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Fired without reason - Is there a minimum time at job to have any legal protection?--Q

A:  Since you have not completed a year''s employment, nothing in either federal or state law (in any state) protects you from being fired for excessive absences, no matter how well documented as to the medical reason. when I joined this organization, I asked about this (in writing) I was told that the company has very low attrition and if the company had to end the relationship from their end, I would treated fairly in terms of any exit package. But I was given none. Unless it was expressly written in a contract that you were going to be guaranteed any kind of compensation for an early exit, you do not have any legal recourse. Cbg: Regarding "fired for excessive absences"......I have a letter...

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"Mandatory Overtime" = 12 day work week? (Oregon)

A:  No, there is not. There is no federal or state law in any state that requires a certain notification of schedule changes, nor a law that prohibits mandatory overtime. Nor does Oregon have a "one day''s rest in seven" law. Unfortunately, it''s the nature of call center work....

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I need an out of the ordinary roof in my hoa

A:  I am not sure the ADA covers this particular kind of problem. There is a wealth of information on the ADA and other laws to aid the disabled on the Justice Department web page at: http://www.usdoj.gov/crt/ada/adahom1.htm I suggest you first look closely at the architectural requirements of your HOA. Is there any way your roof can be designed to meet the requirements of the HOA and still be made of material that would not adversely affect you? Is there a barrier or something else that can be put between the top roofing material and frame that could effectively shield you from any adverse effects so that you can meet the HOA design requirements? If there is some way to do it and meet the design requirements, that is obviously your best bet for getting it approved....

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Birth Certificate

A:  Errors on birth certificates can be corrected. You''ll need to apply to the register office where your daughter''s birth was registered, with documentary evidence of the ''error'' (i.e. the DNA test result). It''s important that you should state that the incorrect information was given to the registrar in error (i.e. because you genuinely believed that your husband was the father). If you don''t, you''ll be admitting to a serious criminal offence. Chris does this apply to the US Chris? It appears the poster is not in the UK I think chrises answer refers to the UK, as you are in the USA it may be different Oops! Sorry, I scanned your question rather quickly and failed to spot the GA reference. (I was probably too far down the bottle of wine!). This is UK-based...

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Recently fired - Just trying to cover all the bases

A:  My guess is what the supervisor told Mom is NOT the same thing he told HR---but the problem is how to prove it! Its a close call--because apparently Mom did walk off the job--and apparently w/o consent of supervisor--failure to say " no " does not mean "ok." I think Mom may have a hard time winning--but review that with a skilled labor lawyer--tryto find one who has handled similar cases with medical staffers. Nothing that you have described violates any federal or PA laws. Even if the employer failed to follow its polices, that does not make the termination illegal. She may be entitled to Unemployment Compensation but she may be required to show that she had a compelling reason for leaving work. And she did...

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Is it illegal to bury construction debris?

A:  federal law, sites shall be cleaned of all debris properly and properly sanitized prior to release of all permitting. So yes, that should have been disposed of PROPERLY before they sold the house. If you need the exact law and code I will look it up I would not have the same company come out, make them pay for you yard to be dug up and properly treated for bugs and rid of all debris. You may have found one spot, but how many others are there? If wood has been buried and is rooting , you will have termites and wood beetles. You should speak to a lawyer for the best answer. I think that county regulations usually govern buried construction debris unless they are hazardous materials in which case federal or state