Lawyers.com Blog

The other day I was driving my car and came to a four-way stop sign. The vehicle that had the right of way--a woman in an SUV--drove slowly into the intersection, then came to a halt. It wasn't obvious why she'd stopped, until I took a closer look at her: The woman was talking on a cell phone, engrossed in her conversation, and oblivious to the fact that she was blocking traffic. Not only was her behavior unsafe and illegal in Chicago, where I live, but it was also rude!

July is National Cell Phone Courtesy Month. It's sad, when you think about it, but we've become such slaves to our cell phones that we often act in ways that are rude, thoughtless and unsafe. Somewhere along the way, it became commonly accepted that cell phone calls take precedence over everything else: safe driving, job responsibilities and other people's comfort. Legislators and courts have had to step in, making laws to regulate what should be common sense and courtesy.

Here are some examples of instances where common-courtesy and the law intersect.

Employers have the legal right to ban employees from making personal phone calls during working hours, or to limit employees to emergency calls only. If you violate employment policies, your employer can use it as cause to fire you. (And if you work in an at-will state or without a contract, your employer can fire you for no reason at all.) If you're using your cell phone for personal reasons at work, you're essentially stealing from the company and violating a basic rule of workplace ethics. Courtesy dictates: Even if your employer doesn't have a rule specifically governing the use of personal cell phones, don't text or make personal calls during working hours.

You can be kicked off an airplane for failing to obey crew member instructions, including failing to follow the request to turn off and put away cell phones. In addition, other businesses can ask customers to leave their premises for talking on a cell phone. Airlines and businesses can do this because companies have the legal right to refuse to serve customers, provided those reasons are not discriminatory. Courtesy dictates: When in a small enclosed area, such as a store or airplane, turn off the cell phone. Other people don't want to listen to your personal or work conversations.

Schools can ban students from using cell phones during school hours. As recently as last year, New York courts have upheld the right of the New York City public school system to ban students from using cell phones during school hours. Schools argue that a ban on cell phones is no different than a ban on certain types of clothing, drugs or weapons (and helps reduce the risk of cheating). Courtesy dictates: It's rude to make calls or send text messages when you should be paying attention to another person, such as a teacher.

Many states and some cities have banned drivers from talking on a hand-held phone while operating a motor vehicle. Other states have banned young or inexperienced drivers from any cell phone use while driving, and some states are implementing texting bans while driving. Not surprisingly, some studies indicate that hands-free devices do not reduce the rate of cell phone-related driving accidents. Other studies show that people who use a cell phone while driving are as distracted as people who drive under the influence of alcohol. Common sense dictates: If you must talk on the phone while driving, you should pull your car to the side of the road or pull into a parking lot while talking.

The use of hand-held cell phones while driving is banned in:

• Arkansas (young drivers only)
• California
• Connecticut
• Louisiana
• New Jersey
• New York
• Utah
• Washington

In addition, the following states have laws limiting or banning young or novice drivers from using cell phones while driving:

• Arkansas (effective Oct. 1, 2009)
• California
• Colorado (effective Dec. 1, 2009)
• Connecticut
• Delaware
• Illinois
• Indiana
• Kansas (effective Jan. 1, 2010)
• Maine
• Maryland
• Minnesota
• Nebraska
• New Jersey
• North Carolina
• Oregon
• Rhode Island
• Tennessee
• Texas
• Virginia
• West Virginia

Related Links:

• Read more about cell-phone privacy on Lawyers.com
• Discuss your civil rights on our forums
• Lawyers.com Suggested Legal Books

Yesterday marked the start of the nine-day San Fermin Festival in Pamplona, Spain, which is best known for the Running of the Bulls. If you've never seen pictures from this event, it features hordes of people who try to outrun a dozen bulls charging down a narrow Spanish street. A few hundred participants are hurt each year, and one seems to die every decade or two, though arguably the bulls suffer a worse fate. They're destined to die at a bullfight held later in the day.

Reading about the Running of the Bulls made me think: I hope the American tourists who participate are carrying cash or credit cards! I imagine that bull-inflicted injuries can be painful and expensive, and in doing some digging, I discovered that travel insurance probably wouldn't pay for a bull-inflicted injury.

Even if you're taking decidedly less risky trips, you should consider trip insurance, particularly if you're spending a substantial amount of money on a vacation. Travel insurance may cover:

• Trip interruption and cancellation, which reimburses you if you can't go on or finish your planned trip due to illness or unexpected circumstances
• The cost of food and accommodations if your flight is delayed or canceled
• Rental car damage
• Money to buy new clothes and gear if your baggage is lost or delayed
• Emergency medical costs in a foreign country, including a medical evacuation to your home

In addition, you can purchase travel insurance for a single trip, multiple trips over the course of a year, and extended-stay trips.

A comprehensive travel insurance policy can add another 4 to 6 percent to the cost of your trip, so it pays to do your homework before you buy. Make sure you're buying insurance that is appropriate to your kind of trip, and read the fine print.

It's possible that some of the events you want to insure against are already covered by existing insurance. For example:

• Your auto insurance may cover you and your family members driving rental cars for short periods of time
• Your life insurance probably covers death in an airline crash or cruise boat accident
• Your health insurance may cover at least a portion of the costs of injuries in foreign countries
• Your homeowner's or renter's insurance probably covers the cost of lost luggage and personal belongings

Many airlines will allow you to change your tickets--for a fee! If you're considering flight-cancellation coverage, compare the cost of changing a ticket to the cost of insurance.

It's also possible that paying for a rental car with your credit card may make you eligible for limited rental car coverage through your rental car company. But don't automatically assume you'll be covered. A friend of mine recently rented a car in Italy and had barely driven off before he was hit by another car that spun out of control. Confident that his credit card insurance covered rental-car accidents, he didn't give it a second thought until he got back to the U.S. and notified his credit card. It was only then that he learned the credit card typically covered rental-car accidents--except in Italy!

Don't expect your travel insurance policy to cover:

• Terrorist attacks, unless you want to pay enormous coverage costs
• Contagious disease outbreaks such as Swine Flu
• Pre-existing health conditions, such as chronic illnesses or reoccurrences of old injuries
• Injuries from extreme sports, such as sky-diving, bungee-jumping or running through the streets of Spain in front of an angry bull

In comparing travel insurance policies, you'll want to ask if a particular policy covers:

• An airline declaring bankruptcy
• "Supplier default" if the company you book a tour with goes out of business
• Alternative travel costs, if you need to book different flights or other transportation home due to illness or catastrophe
• Emergency evacuation costs, if you're planning to visit remote areas
• Tropical weather conditions such as hurricanes, floods and typhoons (usually excluded by insurance companies as "acts of God")
• Fires and earthquakes
• Car accidents
• Just you, or other family members or planned traveling companions
• Reimbursement of prepaid trip expenses, such as nonrefundable deposits on cruises or tours

It's also important to find out whether the plan has deductibles, or only covers medical expenses for certain preferred provider physicians and hospitals.

It's a delicate balance to weigh the cost of protection against the likelihood that a specific problem will strike during your particular trip.

Buying appropriate travel insurance before your holiday starts will hopefully make your vacation less stressful and more enjoyable. Now if you could just do something about the long lines at the airport!

Related Links:

• Read more about whether you can get a travel refund on Lawyers.com
• Learn more about insurance law on Lawyers.com
• Lawyers.com Suggested Legal Books

For many people, a barbeque and fireworks are the only way to celebrate the Fourth of July. It seems like such good, harmless, all-American fun. You get to soak up the warm weather, drink some beer with friends and watch kids fool around with bottle rockets. As holidays go, it has none of the pressures of Christmas or Thanksgiving or Valentine's Day. After all, on July 4 no one expects you to serve an elaborate meal or give the perfect gift.

But there are some unappreciated risks that come with the Fourth of July, and if you inadvertently encounter them, they could ruin your holiday celebration even faster than a summer thunderstorm.

I'm referring, of course, to alcohol and fireworks.

If you host a party where alcohol is served, you could face criminal charges and civil lawsuits if one of your guests drinks too much and gets in an accident. The consequences can be even more severe if the person who is overserved is under the legal drinking age.

Laws vary widely by state, with some states imposing no liability on party hosts. Other states limit responsibility of party hosts to injuries that occur onsite at your party. But in some states party hosts are liability for injuries from traffic accidents involving the person who drank alcohol at your party.

Most states impose liability on party hosts where alcohol was served to a minor, the host was reckless in serving alcohol or the host should have recognized the extent of the guest's intoxication and not served him or her more alcohol. A judge or jury would be responsible for deciding whether a host was "reckless" in serving alcohol.

So if you're hosting a party this Fourth of July weekend, there are many things you can do to lessen the possibility you'll be held responsible for your guest's actions after drinking too much:

• Make sure no minors are served
• Discourage guests from drinking excessively, and stop serving anyone who appears visibly intoxicated
• Encourage the use of designated drivers. Rather than letting someone wander out the door in an obviously intoxicated state, enlist another guest headed in their direction to drive them home or call a taxi
• In extreme circumstances, take your guest's car keys and insist they sleep over

Before you consider buying fireworks, know whether fireworks are legal in your state or community, and heed the local laws. Just because fireworks are being sold doesn't necessarily mean they're legal.

I live in Illinois, and neighboring Indiana has much more permissive fireworks laws. Not surprisingly, you see signs pointing to fireworks stores as soon as you cross into Indiana. Also not surprisingly, each year at this time, you read articles about Illinois cops ticketing people who have bought fireworks in Indiana and then driven back into Illinois.

According to the Consumer Product Safety Commission, the majority of people who are injured by consumer fireworks are hurt because the product is used in an unsafe manner, not because the product malfunctioned. In 2007, the CPSC says that about 9,800 people were treated for fireworks-related injuries.

If you are using fireworks at home, the CPSC recommends:

• Don't let kids play with fireworks
• Follow the firework's directions and pay attention to the warnings
• Make sure people keep a safe distance from the fireworks that are being set off
• Do not relight fireworks that failed to detonate
• Launch fireworks from a smooth surface such as asphalt or concrete. Avoid setting off fireworks near anything flammable, such as dry leaves or homes
• Keep a hose or bucket of water nearby in case of a fire

Related Links:

• Read more about social host alcohol liability on Lawyers.com
• Learn more about fireworks safety
• Read more about homeowner's insurance on Lawyers.com
• Lawyers.com Suggested Legal Books

After the recent deaths of Michael Jackson, Farrah Fawcett, Ed McMahon and Billy Mays, I think the entire country has death on its mind. It's a morbid topic, to be sure, but it also forces us to think about our own mortality. And one of the most important things to think about: How do I want my estate to be handled when I die?

As I'm reading articles in the aftermath of Michael Jackson's death, I keep thinking the same thing, "I hope he had an up-to-date will and has named a competent executor, because his estate sounds as if it could be a mess." He has three children (two with an ex-wife, who reportedly relinquished custody years ago, plus a third with a surrogate). He reportedly has hundreds of millions of dollars of debt. He apparently has multiple homes, a lot of valuable art, some priceless possessions and a body of musical work that will continue to generate income long after his death.

Your estate probably isn't anywhere near as complex as Michael Jackson's, but that doesn't diminish the importance of picking the appropriate person to act as executor of your estate.

An executor, sometimes known as a personal representative, is the person named to administer your estate upon your death. This person is responsible for using the estate's assets to pay any debts, file tax returns on behalf of the estate, and distribute the estate's property according to the deceased person's guidelines as specified in their will.

Selecting an executor can be a tough; the person you choose must appreciate the issues involved with their duties and carry out your wishes. They must be responsible, trustworthy and mature. Many people appoint lawyers, bank trust officers, and accountants as their executors. Don't look at the selection of executor as a popularity contest. You want an individual who is capable of carrying out the executor's responsibilities.

A relatively simple estate may settle in a matter of months, but it's not unheard of for estates to take years to settle. My mother was the executor for another family member who died in early 2006. The estate was relatively straightforward, but as recently as a couple months ago my mom was still dealing with lingering details related to its settlement.

An executor, or personal representative, is responsible for managing the estate of someone who has died. These responsibilities include:

• File the will with the appropriate state probate court
• Petition the court for letters for proof that the executor has been legally appointed
• Request certified copies of the death certificate
• Assemble and inventory the estate's assets, including checking and savings accounts, real estate deeds, vehicle or boat titles, brokerage accounts, stock and bond certificates and other property
• Re-title property as necessary
• Manage and protect the estate property
• Pay any debts owed by the decedent at the time of death, using money from the estate
• Open and inventory the contents of all safe deposit boxes
• Close bank or brokerage accounts that the decedent solely owned and open a checking account for the estate to pay the estate's debts and other obligations if needed
• Locate insurance policies and file claims for benefits
• Collect any money or other property due to the decedent
• Retain the services of professionals when required, including accountants, attorneys and financial advisors
• Maintain estate records, including records regarding receipts and disbursements, and file any required accountings
• File tax returns when required, including income tax returns for the decedent and the estate and state and federal estate tax returns, if required, make various tax elections, and pay any tax due using money from the estate
• Keep beneficiaries informed of actions taken on behalf of the estate
• Contact the nearest Social Security office about survivor benefits
• Distribute the estate's assets according to the instructions left in the will
• Close the estate after ensuring that claims against the estate are paid and distribute the remaining assets to the beneficiaries

If a family member asks you to be an executor, make sure you're comfortable with the responsibility before accepting the job. Among the things to consider:

• Do I have the time to serve as executor?
• Am I organized and detail-oriented?
• Do I feel confident dealing with finances?
• Do I feel comfortable working with lawyers, accountants, government employees, bankers, real estate agents, financial advisors and others who may need to help me as I settle the estate?
• Am I able to handle the pressure that comes with managing the estate? Will I be able to answer questions from beneficiaries and handle the pressure of the job?

Related Links:

• Read more about wills and probate on Lawyers.com
• Learn more about the probate process
• Discuss your legal issues on our Estates, Wills & Probate forum
• Lawyers.com Suggested Legal Books

Few of us want to spend much time thinking about our death. That's probably why a 2007 Martindale-Hubbell survey showed that 55 percent of adult Americans do not have a will. A lot of us make the mistake of assuming that wills are only for people who have children or own real estate or have a lot of money. But if you have any property at all--money, real estate, possessions--or any minor children, you need a will, and you need to keep it up to date.

Details of Michael Jackson's will are not yet confirmed, but there's some speculation about the state of his estate. Many news reports claim he had hundreds of millions of dollars of debt. Some news reports say he had at least two wills and other news reports say he had no recent will.

Even celebrities and the very wealthy sometimes die without a will, or without a current will. When singer James Brown died in 2006, his family discovered that his will hadn't been updated since 2000. Unfortunately, he'd married and fathered a child after that last will was written. A long court battle ensued, and a settlement was only reached in May 2009.

The sad fact of the matter is that thousands of people die unexpectedly each and every day. You can use Michael Jackson's death as an opportunity to talk to your family members about their estate plans and your own. Among the factors to discuss:

• Do you have will? Is it up to date?
• Do your close family members know where to find a copy of your most recent will?
• Have there been any major events in your life since you last updated your will?
• Have you discussed your intentions with the people you've named to serve as the executor of your estate (sometimes known as a personal representative) and as guardian of your minor children?

A will allows you to distribute your property, after your death, in a very precise manner. If you die without a will, your property will be distributed according to a formula set by the state. State laws would generally require your estate to be distributed as follows:

• If you are single and have no children, your estate would be split evenly between your parents or between your siblings if your parents are dead
• If you are single with children, your estate would be split evenly among your children
• If you are married but have no children, your spouse would receive one-third to one-half of your estate and the remainder would be split evenly between your parents or your siblings, if your parents are dead
• If you are married with children, one-third to one-half of your estate would go to your spouse and the remainder would be split evenly between your children

The court will appoint an administrator to settle the estate. The administrator is responsible for carrying out the same responsibilities as an executor.

As a rule of thumb, you should update your will every three to five years, or more frequently if you experience major life changes. Among the reasons to write a new will:

• Someone named in the original will has died
• Your marital status has changed since the will was written, and you're now married, divorced, remarried or widowed
• You had no children when the will was originally written and you're now a parent, or you have more children than when you originally drew up your will
• Your children are now all at least 18 years old
• You'd like to add or remove heirs
• You've acquired or disposed of a significant asset, such as a house or business
• You've changed your mind about how you'd like your assets to be distributed after your death
• The value of your estate has increased or decreased significantly
• You'd like to add or change the charities named in your will
• You've moved to a different state
• New laws have been passed that would affect your estate
• You'd like to change the people originally designated as guardians, trustees or personal representatives
• A witness to your original will has died or can't be located
• It's been more than five years since an attorney last reviewed your will

Related Links:

• Read more about wills and probate on Lawyers.com
• Learn more about how you can stop fights over your estate
• Discuss your legal issues on our Estates, Wills & Probate forum
• Lawyers.com Suggested Legal Books

My 96-year-old grandmother was just hospitalized for a few weeks with a broken hip. If you or anyone close to you has ever been hospitalized, you know that the bills can add up quickly, reaching seemingly astronomical sums. Health insurance can help relieve what would otherwise be a tremendous financial burden. Without insurance, a single catastrophic health issue could drain the rest of my grandmother's life savings. Fortunately, she has good health insurance policies which keep that from happening.

For all of its complications, insurance is, in theory, a pretty simple concept to understand. You're paying an insurance company a fee, or premium, to reimburse you if something unexpected happens. The insurance company is hoping that nothing happens, in which case they get to keep your premium. But if something does occur, they will pay the associated expenses (called a claim) within the guidelines outlined in your insurance policy. Ultimately, the insurance company is gambling on the fact that all of its insurance clients--people like you and me--will pay more in premiums each year than is paid out in claims.

Insurance Awareness Day is this Sunday. (Who knew it was a holiday?) It's a good reason to review the most common types of insurance, and to make sure that you have sufficient coverage in case the unexpected occurs.

Automobile Insurance covers car owners in the event of several types of claims:

• Physical damage to your automobile or another person's automobile
• Liability for physical injuries to other people
• The cost of your medical care if you are injured in an accident
• Attorney's fees if you are sued

Many states require all automobile owners to carry certain minimum amounts of auto insurance, and you may be required to submit proof of that insurance when you renew your registration and license plates.

Health Insurance covers doctor's visits, hospitalizations, prescriptions and other medically necessary treatments. Your employer may provide private health insurance through group health insurance coverage, or you may purchase private health insurance directly from the insurance company for yourself and your family. Elderly and disabled persons may be eligible for coverage through the federal Medicare program. The joint state-federal Medicaid program helps certain individuals, including disabled persons and low-income elderly persons, pay for long-term care and in-home healthcare.

Life Insurance pays out money upon the death of the policy holder. Life insurance protects your family, dependants or other survivors, and provides a measure of financial security after your death. Many employers will often purchase life insurance on behalf of their employees. When purchasing life insurance, the insurance company will take into account several factors when calculating your premiums. These include:

• Age
• Condition of health
• Income
• Health habits
• Marital status
• Number of children

Property Insurance, which is often called homeowner's insurance, condominium insurance or renter's insurance, covers your physical property (such as your home, furniture and possessions) against damage or loss caused by any number of events, including theft, fire and weather. When purchasing property insurance, you'll want to consider a number of factors including:

• Do you live in a freestanding home or a condominium building? (Parts of a condominium structure may be covered by a master policy purchased by the homeowner's association.)
• Do you own or rent your home?
• What is the value of the contents of your home?
• What is the value of your home, excluding the value of the land it sits on?
• What types of weather more commonly cause storm damage in your region of the country?
• Do you have animals, pools, trampolines or other things on your property that could cause serious injury or death to someone?

When purchasing insurance, an insurance agent can help you determine what type of insurance you need, and how much coverage is necessary. If you purchase several types of insurance from an insurance company, you'll usually receive a discount. Keep in mind that insurance premiums do vary from company to company, so you'll want to comparison shop to make sure you're getting the best deal.

Related Links:

• Read more about insurance on Lawyers.com
• Learn more about hiring a good insurance-law lawyer
• Discuss your legal issues on our insurance claims forum
• Lawyers.com Suggested Legal Books

Stereotypes. We encounter them every day. Boys are better at sports. Asians are better at math. Women are more emotional. Gay men are more creative. Southerners are more hospitable. Young people have more energy.

But the simple truth is, you shouldn't make assumptions--positive or negative--about people based on the color of their skin, or their age, or their sexual orientation, or their religion, or their gender, or their physical capabilities.

Discrimination can occur in a number of ways, including:

• Job advertisements and recruiting
• Testing
• Hiring and firing
• Training and advancement
• Benefits
• Pay and leave
• General employment conditions

A host of federal, state and local laws exist that prohibit discrimination in the workplace. However, these laws don't necessarily protect all groups from discrimination. (It's ironic, but you could say that some of the anti-discrimination laws actually discriminate against certain groups because the groups are omitted from the laws.)

If you're job hunting and worried about potential discrimination, or if you're in a position to hire or promote employees, or even if you just want to be a good advocate on behalf of others, it makes sense to familiarize yourself with the relevant anti-discrimination laws.

A number of federal laws protect employees and job applicants against discrimination. These include:

• The Americans With Disabilities Act, which protects the disabled from employment discrimination
• The Equal Pay Act of 1963, which prevents gender-based discrimination and requires equal pay for males and females performing the same job
• The Fair Labor Standards Act, which prohibits sex discrimination when paying wages
• The Rehabilitation Act of 1973, which prohibits disability-based employment discrimination in the federal government
• The Civil Rights Act of 1991, which provides for money damages where intentional employment discrimination has been shown
• Executive Orders 13087 and 11478, which prohibit job discrimination within the federal government based on sexual orientation

In some instances, state and local laws may be stronger than the federal anti-discrimination laws, or may protect additional classes of people from discrimination.

For example, there is no federal law prohibiting discrimination based on sexual orientation at private companies (though such a ban does exist for employees of the federal government). But California, Connecticut, Hawaii, Massachusetts, Minnesota, Montana, Maryland, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont, Wisconsin and Washington, D.C., all have laws prohibiting discrimination because of sexual orientation in the workplace. Eight additional states (Colorado, Delaware, Illinois, Indiana, New Mexico, New York, Pennsylvania and Washington) also have laws against sexual-orientation discrimination in public employment. And some counties and cities also have local laws that prevent private employers from discriminating against gay and lesbian workers.

The Equal Employment Opportunity Commission, or EEOC, is the government agency responsible for enforcing anti-discrimination laws.

Even if there are no laws protecting you from discrimination and your employer doesn't have a specific policy on the issue, you may still have a legal claim based on other types of laws, such as:

• Wrongful termination
• Defamation or slander
• Invasion of privacy
• Anti-harassment

If you've been discriminated against, you may be able to recover back pay, reinstatement, future pay or future pay changes, a reasonable accommodation or other relief. In addition, if you were not hired, the employer may be required to hire you.

Related Links:

• Read more about fighting discrimination on Lawyers.com
• Get your questions answered on our Employment Discrimination FAQ
• Discuss your legal issues on our discrimination forums
• Lawyers.com Suggested Legal Books

Summer seems to have snuck up on us this year. Maybe it's because much of the country experienced a long, cold, damp spring. Suddenly it's June, school's out and parents need to figure out how to keep their kids occupied until they go back to school in the fall.

If you haven't already made plans, you may be considering whether to send your child to summer camp. But before you fill out the forms, write a check and pack their lunch (or their suitcases), do your homework to make sure that you've found a safe, secure environment for your children.

Each summer, there are news reports about kids who are injured, permanently disabled or killed while at camps. You shouldn't automatically assume that an expensive camp is better than an inexpensive one, or that a private camp is safer than one run by the local parks department. It really comes down to the people who work at the camp, the training and policies they have in place, and the equipment designed to help kids have a fun and healthy experience.

When evaluating the camp, ask the director about the procedures they have in place to create a safe, healthy environment for their campers. A camp that places an emphasis on safety should happily and directly answer your questions. If you get evasive or defensive answers, that's a reason for concern.

Among the factors to consider:

Safety:

• What kinds of safety equipment does the camp have in place? Is it easily accessible and well maintained?
• When touring the camp, do you see first-aid kits, life preservers, fire extinguishers, etc., in plain sight? Does the sports equipment and safety equipment appear to be well maintained?
• What kind of supervision is provided? Do counselors seem alert? Are they paying attention to the campers?
• What kind of security is in place at the camp?
• Who is responsible for driving kids when transportation to other locations is necessary?
• How many lifeguards are on duty at any time?

Staff:

• Are background checks performed on all camp personnel, regardless of whether they come in contact with the kids? What does the background check entail?
• Is licensed medical staff on duty at all times that kids are present?
• Does the camp have a program in place designed to prevent sexual molestation?
• What is the average age of counselors?
• What is the ratio of campers to staff?
• What is the staff disciplinary policy? Is it zero-tolerance?

Training:

• What is the camp owner's experience?
• What kind of training do counselors receive, and how often are they given refresher training?
• How many staff members have first aid and CPR certification?

Emergencies:

• Does the camp have a written safety plan?
• How are these handled?

Miscellaneous:

• What type of insurance does the camp have in case something happens to your child?
• Is the camp licensed by the state?
• Is the camp accredited by the American Camping Association?

Forms & Waivers

When enrolling your child in camp, you'll probably be asked to sign a detailed waiver and liability release form. This form may also ask for detailed information about your child's health, allergies and other physical or mental issues that the camp should be aware of. Be honest! If the camp is likely to reject a camper because of health issues, it probably isn't a good fit in the first place.

The release form may ask you to agree not to sue if your child is injured or killed. Camp activities, like everything in life, carry some risks. However, if your child is hurt or dies and the camp is truly negligent, it's unlikely that the waiver will hold up in a court of law

Use Common Sense

Before sending your child to camp, do your homework, talk to your child about their behavior while away and use common sense. Get references, talk to the camp director and check camp reviews from past campers. You may come across one or two complaints, but if a negative pattern emerges, think twice about whether to enroll your child in the camp.

Talk to your child about the potential risks they may encounter. Camp, particularly overnight camps, can give children more freedom than they may normally be used to. Make sure they understand the importance of thinking before they act.

Finally, use common sense. Don't send your child to camp with expensive possessions that could get lost or stolen. Don't lie about a child's age or skills to get them into a camp they wouldn't otherwise be qualified to attend.

Related Links:

• Learn whether camp costs are tax deductible on Lawyers.com
• Visit the American Camp Association to review a list of state laws relating to camps
• Discuss your legal issues on our forums
• Lawyers.com Suggested Legal Books

I have a confession to make: I'm a news junkie. I work from home, and for at least a couple hours a day, I have the TV turned on and tuned to CNN. Often, it's just on mute, but when the breaking news banner appears, it catches my attention.

In recent days, there seem to have been a slew of stories about people who were hurt or killed on the job. Earlier this month, a driver struck and killed a highway worker in Wisconsin. Last week, two workers died and dozens were injured in an explosion at a food plant. The next day, a security guard was shot and killed at the U.S. Holocaust Memorial Museum in Washington, D.C.

Whether you're working in a factory or office building, dealing with the public or just other co-workers, every job has its risks. But regardless of what type of job you hold, you're still legally entitled to work in a safe environment.

The Occupational Safety and Health Act (OSHA) requires employers to:

• Provide a workplace free of "recognized safety hazards" that are likely to cause death or serious physical harm
• Tell you if you are working with hazardous materials
• Give you any special training necessary to do your job safely
• Keep records of all workplace injuries, deaths and any exposures to toxic or hazardous materials

As an employee, you are legally permitted, under OSHA, to question unsafe conditions at your workplace and to request inspections. You can also file a lawsuit asking the court to require your employer to fix unsafe conditions. By law, your employer can't retaliate against you for making these requests.

In general, there are hundreds of OSHA safety standards covering:

• Storage of hazardous materials
• Fire protection, including sprinklers, emergency exits and emergency plans
• Protective equipment such as safety glasses and clothing
• First aid and medical treatment where injuries are likely to occur
• Equipment performance and maintenance

OSHA regulations also allow you to walk off the job if there is an "immediate and substantial danger." Make your own health and safety your top priority. If you're injured, make sure that the workers' comp claims processor knows your injury occurred because of a possible violation of state or OSHA safety laws. This may make you eligible for more .

If you feel unsafe in your workplace or if you are injured at work, talk to your supervisor about fixing potential hazards. If your supervisor doesn't respond promptly, put your concerns in writing and give them to your supervisor and other appropriate managers.

If the safety hazard remains, file a complaint with your local OSHA office. You can also file a complaint with any appropriate local or state government agency that may have jurisdiction over your particular safety concern. If OSHA sends out an inspector, you should cooperate with the inspector. OSHA can order your employer to repair unsafe equipment, clean cluttered areas, put new storage or other procedures in place, or remove all workers from the area where the danger exists.

If necessary, OSHA can ask a court to order your employer to follow OSHA standards for workplace safety.

OSHA laws protect you from being fired or disciplined if you've:

• Filed a complaint with OSHA about unsafe working conditions
• Talked with an OSHA inspector during an inspection
• Otherwise cooperated with an OSHA investigation
• Refused to work in conditions that were likely to cause your injury or death

Generally, you can't be fired or disciplined for refusing to do work if:

• A "reasonable person" in your position would conclude there's a real danger of injury or death
• You've complained to your employer and nothing has been done
• There's no time to go through the usual OSHA procedures

If you feel your employer has retaliated against you because you have reported safety violations, report your concerns to the Department of Labor and OSHA within 30 days of the retaliatory action to be protected under OSHA laws. If investigators determine that your firing or discipline was retaliatory, OSHA will require your employer to restore your lost benefits.

Related Links:

• Learn more about retaliation claims on Lawyers.com
• Visit the Occupational Health & Safety Administration website
• Discuss your issue on our Employment Law for Employees forum
• Lawyers.com Suggested Legal Books

June is Gay Pride Month. It's noteworthy, but entirely coincidental, that same-sex marriage laws have made a lot of news headlines in recent weeks as several states have legalized gay marriage and another state has affirmed its ban on gay marriage.

If you haven't been following the story, here's a update about what's happened in 2009.

Several states have taken steps to legalize gay unions or give same-sex couples additional rights, but stopping short of recognizing same-sex marriages.

• Colorado: Unregistered cohabitation will be recognized as of July 1
• Iowa: Same-sex marriage has been legal as of April 27
• Maine: Same-sex marriage will be legal as of Sept. 14
• Nevada: Domestic partnerships will be recognized as of Oct. 1
• New Hampshire: Same-sex marriage will be legal as of January 1, 2010
• Vermont: Same-sex marriage will be legal as of Sept. 1
• Washington State: Expanded domestic partnership rights will be offered as of July 26, but opponents are trying to add a referendum to the November ballot that would roll back these rights

Prior to this year, same-sex marriage was already legal in Connecticut, Massachusetts and, for several months in 2008, in California. In addition, legal unions, which offer varying rights and responsibilities, have been permitted in New Jersey, Hawaii, Maryland, Oregon, and the District of Columbia.

California, which many people think of as a state full of liberals, has actually been the center of a lengthy battle over gay marriage--a battle that opponents are currently winning.

In 2008, California's State Supreme Court issued a ruling that legalized same-sex marriages. After an expensive publicity campaign by both opponents and proponents of gay marriage, California voters passed an amendment in November that again outlawed same-sex marriage. Several groups challenged the constitutionality of that amendment, known as Proposition 8. On May 26, the California Supreme Court upheld Proposition 8 as legal, but ruled that same-sex marriages that occurred between June 16 and Nov. 5, 2008, are still valid. It appears that the battle over same-sex marriage will continue in California because several federal court cases over the matter are still pending.

The United States is not the only nation grappling with the legal and ethical issues surrounding same-sex marriage.

In 2009, Hungary, Japan, Norway and Sweden all took steps to legally recognize gay unions.

Prior to 2009, same-sex marriages were already legal in:

• Belgium
• Canada
• The Netherlands
• South Africa
• Spain

In addition, these marriages are legally recognized, but not performed, in:

• Dutch Aruba
• Israel
• Netherlands Antilles

Civil unions and registered partnerships are legal in:

Related Links:

• Learn more about domestic partnership registration and benefits on Lawyers.com
• Read about same-sex parenting
• Discuss your issue on our Family Law forum
• Lawyers.com Suggested Legal Books

For 15 years, I worked at a magazine publishing company. The job was rewarding, but eventually I was ready for a change. I decided to start my own business, and be my own boss. I've had few regrets in the years that I've been working for myself, but I've also learned a lot about what it takes to keep a company running on a day-to-day basis.

These days, a lot of people are becoming self-employed out of necessity. Unemployment is at more than 9 percent. Layoffs are constantly occurring, and new jobs are few and far between. In recent months, a number of friends have told me they're thinking of starting home-based businesses, and have asked for my advice and suggestions. Fittingly, National Families in Business Week begins tomorrow. If you're thinking about starting your own company, here are some important things to consider.

Businesses are generally organized as sole proprietorships, partnerships and corporations. If you will be the company's only owner, then you should choose a sole proprietorship. If more than one person will own the business, you can choose a partnership or a corporation.

There are advantages and disadvantages to each organizational form:

• If you are a sole proprietor, you own the business and its assets, and make all of the decisions. However, you are personally responsible for the business' debts, and the business ends when you die.
• With a partnership, you and your partners share profits and losses, but you have to make business decisions with your partners.
• With a corporation, the corporation continues after the death of the original owners and the owners can limit their liabilities, but this organizational form is more complicated than the other forms.

Before beginning any business, it makes sense to get the advice of a small-business attorney. Your lawyer can also help you set up a partnership or a corporation.

You also have to decide where your business will be located.

A home business can be an economical and efficient way to get your new business off the ground. But before deciding whether to operate out of your home, you'll need to confirm that a home-based business is permitted under local zoning laws and any homeowners' association rules.

While your town or city may not have restrictions on home-based businesses, you should read your local laws to make sure. Some ordinances are worded so vaguely, it's difficult to interpret them. Other ordinances list specific types of businesses, such as professions or services, that are allowed and exclude all other businesses.

If your business will be located outside of your home, make sure your real estate agent shows you only properties that are appropriately zoned. Do not sign a lease, make an offer to buy or make any deposits on a property without first confirming that the real estate is zoned for your type of business.

Your local zoning department should be able to answer any questions about the types of businesses that can legally operate in each type of real estate zone.

If you're based out of your home, ensure that your homeowners' or renters' insurance will adequately cover your business equipment and property. Most homeowners' insurance policies require you to disclose to your insurance carrier the existence of a home business. Be upfront with your insurance agent and pay whatever additional premium is necessary in order to be properly covered.

If you decide to rent dedicated space for your business, you'll need to purchase a separate insurance policy.

You'll probably need to get a business license from your city or town, and register your business in order to pay local or state business and occupational taxes. If you profit from your business and don't pay these taxes as you go, you could be subject to back penalties and taxes.

If you are working from home, you can potentially take a federal tax deduction for business use of your home. You'll be able to deduct some of the costs of utilities, rent, depreciation, home insurance and repairs of your home if you meet these requirements:

• You must regularly use part of your home exclusively for a trade or business. "Regularly" means on a continuing basis, not just once in a while. "Exclusively" means that you use that portion of your home only for business purposes, not for other purposes such as entertaining or family use.
• You must use your home as your principal place of business. That means you must conduct all of your business from your home, or conduct the administrative or management activities of your business at home and have no other fixed location where you conduct those activities.
• If you sell products and store your inventory at home, you can deduct expenses for the business use of your home as long as you don't have an office or business location away from home and store the products in a particular area of your home. You can use the space for other purposes as long as you regularly store products there.

Even if your home isn't your principal place of business, you may still deduct expenses for the business use of your home or a separate building if you consistently use part of your home just for meeting with customers.

Being your own boss can offer flexibility and financial rewards, but it's not a walk in the park. While you have complete control, you also have more at stake. But if you think you have what it takes to own a business, I'd encourage you to give it a try.

Related Links:

• Learn more about business law on Lawyers.com
• Need a form? Access hundreds of business legal forms that cover a range of business legal needs
• Discuss your issue on our Business Issues forum
• Lawyers.com Suggested Legal Books