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State, IRS form alliance on insurance taxes
Legal Career News | 2007/10/23 09:02

Rhode Island plans to use information from the Internal Revenue Service to track down employers who are failing to properly pay state unemployment insurance taxes.

The Rhode Island Department of Labor and Training has signed an agreement with the IRS to share information that will allow the state agency to identify businesses that should be paying into the state’s unemployment insurance trust fund but are not, said Raymond A. Filippone, who heads the state’s unemployment insurance program.

“It is very important for us. I think it’s a step in the right direction,” Filippone said in a telephone interview yesterday from Nashua, N.H., where he is attending a conference for state unemployment insurance directors.

Based on a statement issued by the state agency yesterday, and on comments by Filippone, the new agreement’s focus would include the following situations in which state unemployment insurance taxes are not being properly paid:

•A business may be registered with the federal government, but not with the state government.

•A company may be registered at the federal level as a business with employees, but at the state level as a sole proprietorship without employees.

•An employer may misclassify employees as independent contractors.

The agreement will help the state agency identify such employers and notify them about the requirement to pay the tax, Filippone said.

Under the current system, businesses that fail to properly report their situations and pay the required unemployment insurance taxes are not caught until after employees file for unemployment insurance benefits.

With the IRS agreement, “Now we can catch them before an employee contacts us with a claim,” Filippone said in a statement.

Adelita Orefice, director of the state Department of Labor and Training, said in a statement that, “Prevention, detection and elimination of abuse in the unemployment insurance program are top priorities for our department. We want to ensure that employers are paying only their fair share of employment taxes and are not subsidizing any dishonest employers.”

The state does not have an estimate of how much in additional unemployment tax revenue it might collect as a result of the agreement, Filippone said in the phone interview.

Nevertheless, he said it is bound to result in some additional collections. This, in turn, could benefit existing employers who currently pay unemployment taxes — they might wind up paying less in tax, or pay less of an increase that would otherwise be due, he said.

If a business has employees, “It has to pay . . . unemployment insurance tax,” said Patricia A. Thompson, former president of the Rhode Island Society of Certified Public Accountants.

The unemployment insurance program is run through a federal-state partnership and is designed to partially replace lost earnings of individuals who become unemployed through no fault of their own. It is also intended to stabilize the economy during downturns.

The program has been a key component in ensuring the financial security of America’s work force for more than 70 years, according to a report issued last month by the U.S. Government Accountability Office (GAO), the investigative arm of Congress.

For the year ended Sept. 30, 2006, the unemployment insurance program covered about 130 million workers and paid about $30 billion in benefits to about 7 million workers nationwide who lost their jobs, the GAO report said.

The program is paid for through state and federal employment taxes. In general, the taxes that employers pay are deposited into an unemployment insurance trust fund.

From that fund, the state pays benefits to workers who lose their jobs and qualify for benefits. The fund has a balance of about $192 million, Filippone said.

Broadly speaking, the tax that an employer pays is based, in part, on how many people have collected unemployment benefits in the past based on that employer’s account, said Thompson, tax partner with Piccerelli Gilstein & Co. LLP, a CPA firm in Providence.

Rhode Island is one of 29 states that will sign a memorandum of understanding with the IRS on Nov. 6. Besides Rhode Island, other New England states in the agreement include Massachusetts and Maine, Filippone said.

A spokesman for the IRS was not immediately available to comment about the agreement. Thompson said that the IRS could benefit from the information-sharing agreement in a number of ways.

For example, if an employer misclassifies a worker as an independent contractor, the employer does not pay federal payroll taxes that would otherwise be due, such as unemployment tax, Social Security tax and Medicare tax.

If the agreement uncovers such situations, the IRS could seek payment from the employers.



Court interpreters return to work - without pay raises
Legal Career News | 2007/10/18 12:23
Los Angeles County court interpreters returned to work Wednesday after a six-week strike that failed to yield a desired pay increase.

More than 300 interpreters took part in the job action, union officials said. Members of the largely Latino, middle-class union had sought a 22% pay hike over five years, to match annual increases of other court employees, a demand court officials refused to meet.

Silvia Barden, president of the California Federation of Interpreters, said union members voted Monday to return to work at the urging of state Sen. Gloria Romero (D-Los Angeles). She had called a hearing in Los Angeles on Monday and asked the interpreters to report back in order to restore service to those who needed them.

"They may not have won the battle, but they have achieved heightened respect," Romero said.

During the walkout, state Assembly Speaker Fabian Nuñez (D-Los Angeles) and Los Angeles City Atty. Rocky Delgadillo issued statements, warning of serious disruptions to the court system. Los Angeles County Superior Court spokesman Allan Parachini said the courts managed to remain open, without dismissing cases, using about 100 interpreters, including some union members who returned to work during the strike.

But numerous cases were rescheduled for later dates, a practice that could not have continued, he said. "Eventually it comes back to haunt you," Parachini said of the backlog formed by repeated continuances.

Although interpreters for Los Angeles County courts earn more than $73,000 a year, they do not receive the annual increases granted to other court employees.

The interpreters received a 2.5% pay raise last year, and after a series of meetings during the summer with court officials, were offered a 4% pay increase in August. But the failure to win annual increases prompted the decision to strike.

Parachini said the courts were strapped for funds.

"We are essentially in a predicament. This is not just a negotiating tactic, it's the literal truth. There is not anything else we can give them," he said.

Barden said the makeup of the union -- 70% female and 85% foreign-born -- might put them under a discriminatory "glass ceiling."

"If you look at our demographics, it's hard to ignore," she said.

Of court interpreters' pay, Barden said "everyone would agree that's a good starting salary," but without annual pay increases, "our starting salary is our ending salary. There is no career path."

Julie Drucker, a French and Spanish interpreter for the courts since 1991, said she and many of her colleagues were worthy of pay comparable to other court employees, such as court reporters. Interpreters hold advanced degrees and have cleared a certification exam which only one out of 10 pass, she said.

"You have to be completely bicultural, have proficiency in at least two languages and have a strong command of specialized terminology," said Drucker, who holds a master's degree in Latin American studies from UCLA.

The union has over 400 members, all but six in Los Angeles. The remaining six interpreters work in Santa Barbara and San Luis Obispo courts.

More than 90% of the union members participated in the strike, Barden said.

Barden said the postponements hurt the working poor who do not get paid days off from their jobs to go to court.

"These are day laborers or people who work cleaning houses," she said.

Parachini said the courts learned to operate more efficiently with fewer interpreters. By better coordinating case schedules and temporarily establishing a Spanish-language arraignment courtroom, interpreters' downtime was reduced, he said.

"We realized we can't run the courts with 100 interpreters, but it may be true we may not need the current staff level," he said.

But "it's not as if we are going to lay off half the interpreters tomorrow. Any fear of anything remotely like that needs to be allayed," Parachini said.

The union had pointed out that the state held surplus funds for interpreters, but Parachini called the money "a cushion" in case demand for them increases.

Because interpreters are used on a case-by-case basis, "there is no way of knowing absolutely the utilization over a year. That money is off the table," he said.

The interpreters' formal contract renewal negotiations begin in March, Parachini said.

Romero said she has scheduled a meeting with California Chief Justice Ronald M. George and state Sen. Ellen Corbett (D-San Leandro), chairwoman of the California Judiciary Committee, to discuss interpreters' salaries.


Law for domestic partners stands in Oregon
Legal Career News | 2007/10/10 14:29
State election officials say opponents failed to turn in enough signatures to block Oregon's domestic-partnership law for same-sex couples. State elections officials reported Monday that the effort fell 116 valid signatures short of the 55,179 needed to suspend the law and place it on the November 2008 ballot for a popular vote.

That means that as of Jan. 1, Oregon will join eight other states that have approved spousal rights in some form for same-sex couples: Connecticut, Vermont, New Hampshire, New Jersey, Maine, California, Washington and Hawaii. Massachusetts is the only state that allows gay couples to marry.

Later this week, word is expected on whether opponents gathered enough signatures to block a gay-rights law that would ban discrimination based on sexual orientation — though that effort, as well, appears to be lacking sufficient signatures.

Social-conservative and church groups mounted the signature-gathering drive after the two gay-rights laws were approved by the Democratic-controlled Oregon Legislature with strong backing from Gov. Ted Kulongoski, also a Democrat.

The state's largest gay-rights group called Monday's announcement a "proud day for Oregon."

"In refusing to sign these petitions, Oregonians showed that they aren't interested in rolling back our anti-discrimination laws," said John Hummel, executive director of Basic Rights Oregon.

Sponsors of the referral effort had conceded in recent days that they probably hadn't gotten enough signatures. But they vowed to take another avenue to try to derail the laws — an initiative effort to repeal the laws outright. They would have until next July to collect 82,000 valid signatures to repeal each of the two laws.



Maine, N.H., Vermont applaud clean air settlement
Legal Career News | 2007/10/09 17:08

Officials and environmentalists in Maine, New Hampshire and Vermont are applauding a landmark settlement that will dramatically reduce the pollution that causes acid rain and fouls the air over the region. "These air pollution reductions are good news for everyone who breathes," said Judy Berk, spokeswoman for the Natural Resources Council of Maine. A $4.6 billion settlement with American Electric Power Co. ends an eight-year battle over reducing smokestack pollution that drifted across Northeast and mid-Atlantic states and chewed away on mountain ranges, bays and national landmarks.

AEP, based in Columbus, Ohio, maintains it never violated Clean Air Act rules to curb emissions, and had already spent or planned to pay $5.1 billion on scrubbers and other equipment to reduce its pollution.

Scott Cowger, spokesman for Maine's Department of Environmental Protection, said the settlement should have an impact beyond acid rain control. It will limit regional haze and ozone, and very possibly reduce mercury in the environment, he said.

Cowger acknowledged Maine was not in the suit, but not due to a lack of interest. Maine is involved in acid rain litigation against the EPA already, said Cowger, adding that the state must aim its resources where they are going to have the greatest effect.

Matthew Davis of Environment Maine said he hopes the settlement sends a message that power plant operators no longer can disobey the Clean Air Act and get away with it.

In Vermont, Attorney General William Sorrell said the new pollution control devices will reduce a lot of particulate matter that causes pollution, helping people with asthma and other conditions.

"This is a major victory for the environment in the northeastern part of the U.S.," said Sorrell. "Acid rain is a huge problem in the Adirondacks, the Green Mountains and the White Mountains."

New Hampshire Attorney General Kelly Ayotte and Environmental Services Commissioner Thomas Burack said the settlement will open the door to the largest emissions reductions ever.

"This settlement represents a huge step toward reducing the impact that Midwestern coal-fired power plants have on New Hampshire's air quality," Ayotte said.

The case against AEP began in 1999 when New Hampshire, Vermont and six other states, as well as 13 environmental groups joined the Environmental Protection Agency's crackdown on energy companies accused of rebuilding coal-fired power plants without installing pollution controls as required.



Woman Told to Ditch Bra to Enter Court
Legal Career News | 2007/10/05 12:54
Security guards refused to allow a woman into a federal courthouse until she removed a bra that triggered a metal detector. Lori Plato said she and her husband, Owen Plato, were stunned when U.S. Marshals Service employees asked her to remove her bra after the underwire supports set off the alarm.

"I asked if I could go into the bathroom because they didn't have a privacy screen and no women security officers were available," Plato said Wednesday. "They said, 'No.'

"I wasn't carrying a shank in my bra. If it's so dangerous, why did they give it back and let me put it on?"

Patrick McDonald, the U.S. Marshal in Boise, said appropriate security protocols were followed in the Sept. 20 matter, and guards suggested she simply remove the bra in her car outside, or find a restaurant bathroom.

"She's inflating it," McDonald said. "All of a sudden she just took it off. It wasn't anything we wanted to happen and it wasn't anything we asked for her to do. She did it so fast."

Plato, of Bonners Ferry, said she was parked on a busy street and wasn't familiar with downtown Coeur d'Alene businesses. So her husband held up his coat to shield her from the rest of the people in the courthouse lobby while she removed her bra underneath her shirt.

Generally, McDonald said, undergarments aren't considered a danger to security.

"I don't think they're considered a weapon, really, the last time I looked," he said.

He declined to discuss other ways the federal courthouse guards could have screened Plato for weapons.

Plato wants the Marshals Service to apologize and stop forcing women to disrobe.

"It was very humiliating," her husband, Owen Plato, said. "They could have handled it with a much more professional attitude."



Pastor Pleads Guilty In Sex Case
Legal Career News | 2007/10/04 13:05
After months of denial, even in the face of two incriminating DNA tests, a storefront pastor entered a guilty plea Wednesday to charges he sexually assaulted an 11-year-old member of his congregation who subsequently bore him a son. Modesto Reyes' decision to enter a plea of guilt under the Alford Doctrine to charges of first-degree sexual assault and risk of injury to a minor came after jury selection in the case began earlier this week.

Reyes' plea brought tears to his disbelieving wife, and upset his adult son, who looked on from the rear of the courtroom.

"I wish he had gone to trial," said Melvin Reyes, 25, outside the courtroom.

Under the plea, accepted by Superior Court Judge David Gold, Modesto Reyes faces a minimum of five years and a maximum of 45 years in prison. In an Alford plea, an accused does not admit guilt, but acknowledges sufficient evidence exists for a conviction.

Reyes has been held since his bail was set at $750,000 after his arrest in June 2006.

Melvin Reyes continued to maintain his father's innocence, replying, "No," when asked by a reporter if he believed his father had repeatedly sexually assaulted the girl and impregnated her.

Two separate DNA tests show that Reyes, the pastor of Iglesia De Dios Te Llama on Broad Street in Hartford, is the probable father of the baby, now nearly 17 months old.

Prosecutor Sandra Tullius told the court that the girl attended Reyes' church in 2004 and 2005 and that he took a liking to her. They ate cookies together, fasted together and then in August of 2005, Tullius said, Reyes took the girl, then age 11, behind Bulkeley High School in a church van and sexually assaulted her.

"He removed her clothes and his clothes and told her it wouldn't hurt," Tullius said.

The following month, Tullius said, Reyes called the girl to the church, told her that his heart was hurting and that only one thing could help him. He then sexually assaulted her again.

When Reyes called her to his office, "she knew what she had to do," Tullius said, adding that Reyes assaulted the girl on at least three other occasions.

The girl, now 13, gave birth to the baby at Hartford Hospital in May of 2006.

Reyes faced 17 charges and more than 200 years in prison in connection with the sexual assaults. Twice this year, Reyes rejected plea deals in the case over the advice of his attorney. In both cases, the deal would have netted him a sentence of 15 years.


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