US Legal, Inc. – January 2008 Newsletter

New Year, New Laws

The start of a new year is typically a time when new laws take effect at the local, state, and national level. Here are just a few of the more notable and interesting.

• California Smoking Ban in Cars - A new law in the Golden State now prohibits smoking in cars when minors are present. Police can fine violators up to $100. Police must pull over motorists for another offense first in order to cite smokers.

• Minnesota Flag Law - All flags sold in the North Star State must now be made in the U.S.A. Retailers who violate the law would commit a misdemeanor offense.

• New York Passenger Bill of Rights - The Empire State becomes the first in the nation to impose rules requiring airlines to take better care of passengers who are stuck on runways after planes have already left the gate. If travelers are forced to remain on grounded flights for more than three hours, airlines must provide food, water, working restrooms and fresh air.

More January Legal Headlines

FDA Issues Warnings on Kids Cold Medicine

The Food and Drug Administration issued a public health advisory this month cautioning parents against giving children under the age of 2 over-the-counter cough and cold medications.

The biggest concerns to pediatricians are that ingredients found in the medicines can cause convulsions, rapid heart beat, decreased levels of consciousness and even death. A Centers for Disease Control study estimates than more than 7,000 children under the age of 11 end up in hospital emergency rooms each year after being given doses of cough and cold medicine.

In October 2007, a group of pharmaceutical companies lead by Johnson & Johnson and Wyeth voluntarily recalled the medicines targeted for infants. However, the FDA felt the new advisory was warranted since many parents still likely have medications at home or have not heard of the warnings.

See the following FDA and CDC links for further information:
http://www.fda.gov/consumer/updates/coughcold011708.html
http://www.cdc.gov/od/oc/media/pressrel/2008/r080128.htm

State Officials Across US Reach Agreement With MySpace.com

Popular social networking site, My Space.com, this month reached a deal with attorneys general from 49 states to implement new measures to improve child online safety. Among the measures, MySpace.com says it will impose more stringent age and identity verification standards, block children under 14 from accessing the site, and establish a 24 hour hotline for law enforcement officials.

The steps are an attempt to reduce the potential of children falling victim to online predators. MySpace has been criticized for failing to block child sexual offenders from its site. It has since cooperated with authorities in ongoing investigations. MySpace has also joined an industry task force to study and further develop online safety measures for social networking sites.

For more legal news, visit the USLegal Reporter at http://reporter.uslegal.com.

Featured Products of the Month

New Year Specials on Our Most Popular Legal Forms

Act quickly to take advantage of USLegalForms.com promotions on some of our most popular do-it-yourself legal documents. For a limited time, you can purchase a state-specific Last Will and Testament, Living Will, or Power of Attorney with prices starting at just $15. You can also order a Personal Planning Package which includes all three forms for $29.95.

Hurry because these offers will expire soon!

Order now by visiting http://www.uslegalforms.com/specials/.

In Brief

USLegal CEO Frank D. Edens was a guest on KXYL 96.9 FM news talk radio station in Brownwood, Texas on January 3, 2008. Edens shared tips on "How to Get Legally Organized for the New Year."

Law and Legal Definitions

The Writer's Guild of America is nearing the end of its third month of an ongoing strike against media companies such as television networks and film studios. Its members belong to a union which is seeking a new collective bargaining agreement to obtain a share in profits derived from new media technologies such as programming delivered over the Internet and via cell phones.

Collective Bargaining Law and Legal Definition

Collective bargaining consists of negotiations between an employer and a group of employees that determine the conditions of employment. The result of collective bargaining procedure is called the collective bargaining agreement or CBA. Often employees are represented in the bargaining by a union or other labor organization. Collective bargaining is governed by federal and state statutory law, administrative agency regulations, and judicial decisions.

Unions and management engage in negotiations in order to reach a CBA agreement (contract). The main body of law governing collective bargaining is the National Labor Relations Act (NLRA). It gives employees the right to collectively bargain and join trade unions. The law (National Labor Relation Act) requires that both sides "bargain in good faith." This means that they both must come to the table willing to give and take. The NLRA requires the employer to bargain with the appointed representative of its employees. It does not require either side to agree to a proposal or make concessions but does establish procedural guidelines on good faith bargaining. Proposals which would violate the NLRA or other laws may not be subject to collective bargaining. The NLRA also establishes regulations on what tactics (e.g. strikes, lock-outs, picketing) each side may employ to further their bargaining objectives.

State laws also regulate collective bargaining and make collective agreements enforceable under state law. They may also provide guidelines for those employers and employees not covered by the NLRA, such as agricultural laborers. When state laws conflict with federal laws, the federal law is applied.

For more legal definitions, please visit our free online legal dictionary at http://definitions.uslegal.com/.

Customer Feedback

USLegal.com would like to hear from you. If you have any thoughts, comments, or suggestions about our products or topics you'd like for us to feature in upcoming newsletters, please email them to Carrie Criado, Director of Public Relations, at carrie.criado@uslegal.com.