If you have first aid training and have wanted to work in the ski industry, this might be an opportunity.
What do you think? Leave a comment.
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US Forest Service job in the SW Region: Outreach notice – Cooperative Education Specialist (Conservation/Environmental)Posted: December 31, 2015
Regional Conservation/Environmental Education Specialist
Interdisciplinary – Natural Resource Specialist / Environmental Education Specialist 0404/1701 – 11/12
The Southwestern Region is seeking a dynamic, creative candidate to serve as the Regional Cooperative Education Specialist (Conservation/Environmental) in the Office of Public & Legislative Affairs.
The Office of Public & Legislative Affairs coordinates media relations, congressional affairs, conservation education, internal communications, graphic design, printing, audio-visuals and visitor information services for the Region. Specialist provides program leadership and expertise for the conservation education and community relations efforts of the Southwestern Region.
If you and anyone you know is qualified and interested in being an Avalanche Hazard Management Consultant for a construction project in the North Cascades this winter, check out the job opportunity below. The company is looking to hire and have someone(s) on site by next week. Feel free to pass this along as you see fit… and please contact Brad Gibson (Bradley.Gibson, phone number below) for more details.
Avalanche Hazard Management Consultant (Experienced – Certified Technicians) (Required start: 12/29/15)
• Heavy Industrial Construction Project seeks the services of the above subject matter expert(s) to provide full-time, on-site services in the US Pacific NW. The site is located in a remote area of the Cascade Mountains and will require 2-3 personnel working on a rotational basis. Direct-hire and contract employees are welcome. All transportation, accommodations and meals provided.
• Monitor snowpack and weather conditions in areas that avalanche risk affects the assets on site.
• Monitor avalanche hazard in identified avalanche paths of concern and predict hazard level with daily avalanche forecasts and advisories.
• Coordinate and advise the Avalanche Management team’s activities, implement the existing Avalanche Management Program through daily meetings, engaging the various site stakeholders.
• Advise on continuous improvement of existing Avalanche Management Program, specific avalanche risk reduction procedures.
• Provide Avalanche Rescue Response protocol; advise Incident Commander on specific activities required during a response.
• Notify Client when the risk of avalanches to the project have ceased for the winter and said services can be terminated for the season.
Additional Services (to be determined) – Active Avalanche Management:
• Coordinate or obtain the necessary equipment and supplies for an active risk management strategy as is deemed necessary.
• Collate snowpack, weather, and terrain data for Client to utilize for next season; process and summarize all data collected. Complete a year-end summary report, including recommendations for further improvement and “lessons learned”.
• Collaborate with key leadership personnel to develop a long-term avalanche risk management strategy that meets Industry best practices.
• Due to existing weather conditions – these positions are available for immediate fulfillment with a target date for mobilization to the site of12/29/15.Estimated duration of assignment is through April 2016.
Brad Gibson, CMSP
Senior HSE Advisor, Rio Tinto Projects
P.O. Box 248 * Victor, Idaho 83455 * Phone: (307) 699- 2049
I am writing to let you know that FWS is now accepting applications for 2016 summer boat operators. The announcement will be open through December 11, and the link to the announcement is listed below. Please pass this on to any rafting-oriented people who may be interested.
This year we will be conducting a lot of our work early in the season (April-May) and may be able to hire a commercial guide who wants to return to guiding as the summer season picks up. Have them get in touch with me to discuss the details.
I hope you’re having a good start to winter. Let’s hope the snows come for a good boating season.
M. Tildon Jones
Supervisory Fish Biologist, Colorado River Fish Project
U.S. Fish & Wildlife Service
1380 S 2350 W
Vernal, UT 84078
Here is a link to your seasonal announcement on USAJobs:
POSITION TITLE: Community Education Coordinator
Rocky Mountain Bird Observatory is looking for a motivated, dynamic educator and camping industry professional who will bring bird conservation topics to a variety of audiences, specifically through interpretive programs and summer camps.
Organization: Rocky Mountain Bird Observatory (RMBO)
Location: Brighton, CO; The position is based out of RMBO’s Headquarters and Environmental Learning Center, with some travel to partner organizations around the Denver metro area and Front Range required.
Reports to: Education Director
Supervises: Seasonal Staff, Interns, and Volunteer Naturalists
Salary: Commensurate with qualifications: $29,000 – $33,000/year, plus benefits; this is a salaried, full-time, exempt position.
Schedule: The position will be required to work several weekend days a month, plus extended program weeks and hours during overnight camps and some day camps. Thus, applicants will need to be flexible and accommodate a variable weekly schedule.
Expected Start Date: As soon as possible
OVERVIEW OF ORGANIZATION, PROGRAMS, AND PHILOSOPHY:
Rocky Mountain Bird Observatory (RMBO) conserves birds and their habitats through an integrated approach of science, education and stewardship (www.rmbo.org). Our work radiates from the Rockies to the Great Plains, Mexico and beyond. Our mission is advanced through sound science, achieved through empowering people, realized through stewardship and sustained through cross-border collaborations. Together, we are improving native bird populations, the land, and the lives of people. We monitor and identify population trends, research habitat needs, engage landowners and managers in wildlife and habitat stewardship, and educate diverse audiences.
The organization was founded in 1988, and educational programs built around its banding stations and Bald Eagle Watch were part of operations from the start. Since then, RMBO’s educational agenda has grown to also include K-12 School Field Trips and In-Class Programs, Home School Programs, Adult Education Programs, Family and Community Programs, a Volunteer Naturalist Program, a variety of Citizen Science projects, and Day and Overnight Summer Camps. RMBO engages approximately 25,000 people each year across a broad geographic spectrum, with around 200 of these individuals participating in our Summer Nature Camps, which are based out of the organization’s headquarters and Environmental Learning Center at the north end of Barr Lake State Park in Brighton, CO.
Using birds as the hook, RMBO Summer Nature Camps offer day and overnight camp sessions for youth between the ages of 2 and 17, with an emphasis on providing opportunities to safely explore and learn about the natural world and conservation. Camp sessions are designed as part of a progression to introduce children to the outdoors at a young age and build their skills over time, taking our youngest participants from basic, sensorial interactions with nature to a more sophisticated appreciation and understanding of their place in the natural world. Camps range from two-hour experiences with 2 to 5 year-olds and their parents to ten-day overnight camps for 15 to 17 year-olds, the latter of which has participants learning about, conducting, and presenting scientific research projects and exploring careers in natural resources. Ultimately, the desired outcome for all of our programs is for participants to become more interested in the world around them and, subsequently, better informed and engaged citizens.
· Bachelor’s degree in natural resources area or environmental education/interpretation, with two years of working experience in a related field required; Master’s degree preferred. A combination of degrees or experience in the areas of wildlife biology, environmental science, or education is a plus.
· Experience developing, marketing, administering, leading, and evaluating environmental education/interpretation programs, especially day and overnight summer camps.
· Solid understanding of camping industry standards and risk management.
· Experience teaching environmental education school programs in formal and non-formal outdoor and classroom settings.
· Experience and confidence delivering scientific messages to diverse audiences.
· Strong communication with adults and children, and proven ability to cultivate relationships with families.
· Strong organizational, logistical, grant writing, and networking skills, with proven ability to handle multiple tasks and roles, prioritize, and meet deadlines.
· Experience in budget management.
· Strength in building and maintaining partnerships with diverse organizations.
· Proficient with Microsoft Office suite (Word, Excel, and Publisher).
· Responsible, creative, relational, enthusiastic, flexible, and resourceful team player; self-motivated, results-oriented, and dedicated to providing clients with quality and enriching experiences.
· Must be in good physical condition, able to lift/carry 40 pounds, and able to hike long distances at altitude.
· Specific knowledge and experience regarding bird identification, bird banding, ornithology, and natural history of the Front Range desired.
· Must possess a valid Driver’s License and have a clean driving record.
· Must pass Federal and State background checks.
· Current CPR and First Aid Certifications (WFR Preferred).
· Ability to speak Spanish a plus.
This position will be responsible for fostering the growth RMBO’s Summer Nature Camps, Family, and Community Programs by:
· Planning, marketing, administering, leading, and evaluating day and overnight camps for 2-17 year olds and parents during the summer.
· Assisting with the development and implementation of the Leaders-in-Training program, a summer camp volunteer/leadership program for 12-17 year-olds.
· Maintaining relationships with local and remote summer camp families/clients through regular communication, events, and programs throughout the year (reunions, family programs, etc).
· Planning, advertising, leading, and evaluating monthly family programs, partnership events with Barr Lake State Park, and pre-school programs.
· Leading RMBO’s annual Christmas Bird Count for Kids and coordinating with local organizations to promote other events around the metro area/state.
· Leading, coordinating, and implementing Bird Tales, a therapeutic environmental education program for individuals experiencing dementia, and other off/on-site interpretive programs for adults (at libraries, senior centers, rec centers, etc).
· Assisting with training, scheduling, and supervising of volunteer naturalists.
· Supervising education assistants, interns, and other staff as needed.
· Assisting with school programs as-needed (several days per week in April/May and September/October).
· Building partnerships and work with local communities and organizations to increase awareness of RMBO and our programs by representing RMBO at community events and meetings.
· Tracking all participant numbers, scholarships, and budget information and providing required information to School Programs Coordinator, Education Director, CFO, etc.
· Seeking out and applying for additional funding for this position, the education team, and scholarships for programs.
· Performing other duties as assigned, including facility, grounds, and site-based projects around the Environmental Learning Center.
To apply: Please email a cover letter, detailing your summer camp and environmental education knowledge/experience and your philosophy as to the development of children in the context of the camping experience, as well as a resume with at least three references (names, phone numbers, and email addresses) in a single document to: Tyler Edmondson at tyler.edmondson.
CLOSING DATE: September 1, 2015
CAL-WOOD EDUCATION CENTER
JOB OPENING – Full-time Environmental Education PROGRAM DIRECTOR
Cal-Wood is a non-profit organization located 15 miles northwest of Boulder Colorado in the beautiful Colorado Rockies. Our private 1,200 acre classroom has provided schools with award-winning residential/science-based education programs for the past 33 years. Students along Colorado’s Front Range, and beyond, spend three-days/two-nights at Cal-Wood studying local plants, animals, weather patterns, forestry, pioneer life, geology, pond ecology, and more. Instruction is tailored to each school’s academic needs. Students learn about Cal-Wood’s forest management, including fire mitigation, water conservation, and alternative energy. Our professional instructors also make a point of introducing students to the possibility of pursuing careers in science and natural resources management. In addition, Cal-Wood is a pioneer in customizing environmental education programs for linguistically diverse students. We are now looking to expand our facilities and be able to serve more school groups to keep up with our demand. We are seeking for a professional Program Director to help us achieve our goals.
Description of Position:
- Develops a plan to increase school programs and summer camps.
- Develops, coordinates, implements and evaluates all aspects of Cal-Wood’s science based school programs.
- Develops, coordinates, implements, and evaluates all aspects of our summer camps.
- Meets with classroom teachers to develop customized programs to meet the schools’ academic needs.
- Responsible for all aspects of our environmental education curriculum.
- Is responsible for all school programs scheduling and logistics.
- Develops and implements marketing strategies for our EE school programs and summer camps.
- Provides training, supervision, and leadership to our five instructors and two interns.
- Builds partnerships with other youth organizations.
- Provides professional communication with the rest of Cal-Wood managers.
- Works with our land stewardship manager to incorporate aspects of our land management into the curriculum.
- Bachelor’s degree in Environmental Education, Natural Resources, Natural Sciences, Education, or a related field.
- At least 5 years experience teaching environmental/conservation education and curriculum development.
- At least 4 years experience coordinating residential EE programs with supervisory responsibilities.
- Strong organizational and time management skills.
- Strong communication skills with adults and children.
- Ability to handle multiple tasks and roles, patiently and professionally.
- Understanding of the Academic Standards.
- A good understanding of the natural resources management.
- Experience in working with diverse audiences.
- Experience marketing environmental education programs and summer camps.
- People skills, team player, outgoing, creative, resourceful, critical thinker, results-oriented, and self motivated.
- Have strong written and oral skills.
- Experience in budget management.
- Spanish speaker is a plus.
- Proficient with MS Office suite (Word, Excel, and Outlook)
Salary: Very competitive. Benefits: ½ of health insurance paid, dental discount program, vacation, sick leave, and some meals on site.
Starting Date: Fall 2015. Applications accepted until the position is filled
To apply please e-mail cover letter and resume to infoatcalwood.org. Any questions concerning the position may be e-mailed to infoatcalwood.org. Please check our website for more information about Cal-Wood: www.calwood.org
Do you want to gain experience in the environmental education field and work with a great organization?
Can you dedicate a few hours a week to spending time with kids in nature?
If so, please consider applying for an internship this fall with Thorne Nature Experience!
THORNE NATURE EXPERIENCE INTERNSHIP OPPORTUNITIES
After-School Program Intern
Thorne Nature Experience is seeking enthusiastic, environmentally aware individuals to provide program support for Thorne’s After-School Programs, which are aimed at connecting students to nature in their schoolyards. After-School Program Interns will assist Thorne Staff by helping to facilitate a variety of fun, hands-on, place-based learning activities in the schoolyard and surrounding ecosystems. Interns will be assigned to a school on Mondays, Tuesdays, Wednesdays or Thursdays at schools in Boulder, Lafayette, Longmont or Broomfield. Programs run for 12 weeks in spring and fall, with program hours typically from 2:30-4:30pm or 3:30-5:00pm. To apply, submit a completed application, together with a resume to Gwen Tenney, Education Programs Coordinator at Gwen.
BVSD 4th Grade Field Trip Intern
Thorne is seeking enthusiastic, environmentally aware individuals who want experience working with youth in an outdoor setting to serve as interns for the BVSD 4th Grade Field Trip Program. This field trip program is in partnership with Boulder Valley School District and connects nearly 1,800 4th graders to nature each school year. Interns will gain up to 50 hours of mentored teaching experience and are responsible for teaching one of four field trip stations on the following topics: Birds, Wetlands, Seeds, or Water Pollution. Internships are available from 8:30-2:00pm on Wednesdays, Thursdays, or Fridays during spring or fall field trip season. To apply, submit a completed application, together with a resume to Gwen Tenney, Education Programs Coordinator at Gwen.
More information can be found at http://www.thornenature.org/get-involved/volunteer-intern/.
I hope to see your application soon!
EDUCATION PROGRAMS COORDINATOR
Thorne Nature Experience
PO Box 19107
Boulder, CO 80308
303.499.3647 ext. 103
Are you a Great Photographer? Like to Travel? Win this Contest and become Aurora Expeditions Next PhotographerPosted: February 17, 2015
Calling All Photographers!
Win the Chance to Become Aurora Expeditions’ Next Official Photographer and an Arctic Adventure Worth AUS$10,000!
February 5th 2015, USA and London: Aurora Expeditions, polar cruising specialists, and the pioneers of Arctic and Antarctica adventures, are on the hunt for their new official photographer.
This exciting opportunity calls for everyone from professional photographers, budding enthusiasts and snap-happy vacationers. Anyone with a talent behind the lens and the love of capturing unforgettable moments has the chance to become the winner of Aurora Expedition’s exciting new photographic competition.
As the new official Polar paparazzo, the winner will travel abroad the Polar Pioneer on Aurora Expedition’s Across the Arctic Circle Voyage. Worth a staggering AUS$10,000, this incredible adventure, from Aberdeen to Longyearbyen, will be the breath-taking backdrop for 14 days worth of spectacular photo opportunities.
To enter, simply upload your best travel photo, and in 50 words or less tell Aurora Expeditions why they should pick you to become their next official Polar Photographer.
For the next step, each entrant must encourage their friends and family to vote on their image. The most voted for images will have the bigger chance of winning. Simple!
A panel of travel and photography experts will then judge the images with the most votes, before choosing a winner.
The photograph can be from anywhere in the world but must fit into one of the following categories: people, nature, landscapes or wildlife.
HOW TO ENTER
Go to the Aurora Expeditions Facebook page and click on the competition link to access the competition page.
1. Upload your photo
2. Tell us in 50 words or less why we should pick you as our Arctic Photographer
3. Fill in your details (so we can contact you if you are the winner)
4. Share your entry with your friends and family and encourage them to vote for you.
The more you promote your entry, the greater the chance of increasing your votes.
Competition closes Sunday, 15 March 2015. Winner will be announced on Friday 28 March 2014. Refer to full terms and conditions here: Competition T&C
As the official Arctic photographer the winner will be awarded with return economy airfares from their nearest capital city to Aurora Expeditions’ voyage starting/ending points as well as a berth on their 14-day Across the Arctic Circle expedition departing 30 June 2015.
From Scotland, the winner will capture the Stone Age villages, Viking relics and spectacular birdlife, before exploring Norway’s dramatic coastline and picturesque fishing villages. The brand new photographer must be prepared to snap the celebrations as they cross the Arctic Circle and enter a polar wonderland where the sun never sets.
View full voyage itinerary here. http://www.auroraexpeditions.com.au/expeditions/expedition/across-the-arctic-circle
For more information please contact Aurora Expeditions on +61 2 9252 1033, info or visit http://www.auroraexpeditions.co.uk
For further press information please contact:
Frangelica Flook frangelica.flook
Emily Olsen emily.olsen
T: 020 7978 4534, M: 07747 606 898
Notes to Editors:
About Aurora Expeditions
Aurora Expeditions is an Australian-owned adventure company specializing in expedition cruises to wild and remote places. Always travelling in small groups of 54 or less, Aurora Expeditions provide their travellers with the chance to have an intimate experience in these regions with their flexible, innovative itineraries. The aim of each voyage is to provide as many landings as possible, allowing passengers to experience the destination first hand. Each voyage is led by an expedition team of expert naturalists, geologists, historians, staff and crew who help to unlock the wonders of these special places. Deeply committed to education and preservation of the environment, Aurora Expeditions’ philosophy is to respectfully visit wilderness areas in turn creating ambassadors for their protection.
Colorado Endangered Fish Recovery project
It is hard work with long days when on the river. It is for the Colorado Endangered Fish Recovery project and you will see some awesome canyons and learn a lot about the endangered fish. The heart of the program is a shocking operation to check on the progress of the fish. So you have to row the heavy boats down the edge of the river unlike normal river running. So if you know of someone forward this to them. If selected you have to get what is called a DUNS number and go through a complicated process to get paid as the government has changed the way it pays these salaries, but I did it, so with a little patience anyone else can do it.
Small Craft Operator (boatmen) jobs for FWS
Below is a link to the FWS boat operator announcement. We are looking at hiring these positions in Vernal and Grand Junction. The announcement will be open for about 10 days from today. Please forward to anyone you think might be interested.
What do you think? Leave a comment.
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Mobile Site: http://m.recreation-law.com
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ARTICLE 6. PAYMENT OF WAGES
Go to the New York Code Archive Directory
NY CLS Labor § 190 (2013)
§ 190. [n1] [n1]Definitions
As used in this article:
1. “Wages” means the earnings of an employee for labor or services rendered, regardless of whether the amount of earnings is determined on a time, piece, commission or other basis. The term “wages” also includes benefits or wage supplements as defined in section one hundred ninety-eight-c of this article, except for the purposes of sections one hundred ninety-one and one hundred ninety-two of this article.
2. “Employee” means any person employed for hire by an employer in any employment.
3. “Employer” includes any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business or service. The term “employer” shall not include a governmental agency.
4. “Manual worker” means a mechanic, workingman or laborer.
5. “Railroad worker” means any person employed by an employer who operates a steam, electric or diesel surface railroad or is engaged in the sleeping car business. The term “railroad worker” shall not include a person employed in an executive capacity.
6. “Commission salesman” means any employee whose principal activity is the selling of any goods, wares, merchandise, services, real estate, securities, insurance or any article or thing and whose earnings are based in whole or in part on commissions. The term “commission salesman” does not include an employee whose principal activity is of a supervisory, managerial, executive or administrative nature.
7. “Clerical and other worker” includes all employees not included in subdivisions four, five and six of this section, except any person employed in a bona fide executive, administrative or professional capacity whose earnings are in excess of [fig 1] nine hundred dollars a week.
8. “Week” means a calendar week or a regularly established payroll week. “Month” means a calendar month or a regularly established fiscal month.
9. “Non-profitmaking organization” means a corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual.
§ 191. Frequency of payments
1. Every employer shall pay wages in accordance with the following provisions:
a. Manual worker.–
(i) A manual worker shall be paid weekly and not later than seven calendar days after the end of the week in which the wages are earned; provided however that a manual worker employed by an employer authorized by the commissioner pursuant to subparagraph (ii) of this paragraph or by a non-profitmaking organization shall be paid in accordance with the agreed terms of employment, but not less frequently than semi-monthly.
(ii) The commissioner may authorize an employer which has in the three years preceding the application em-ployed an average of one thousand or more persons in this state or has for one year preceding the application employed an average of one thousand or more persons in this state and has for three years preceding the application employed an average of three thousand or more persons outside the state to pay less frequently than weekly but not less frequently than semi-monthly if the employer furnishes satisfactory proof to the commissioner of its continuing ability to meet its payroll responsibilities. In making this determination the commissioner shall consider the following: (A) the employer’s history meeting its payroll responsibilities in New York state or if no such history in New York state is available, other financial information, as requested by the commissioner, which will assist the commissioner in determining the likelihood of the employer’s continuing ability to meet payroll responsibilities; (B) proof of the employer’s coverage for workers’ compensation and disability; (C) proof that there are no outstanding warrants of the department of taxation and finance or the department of labor against the employer for failure to remit state personal income tax withholdings or unemployment insurance contributions; and (D) proof that the employer has a computerized record keeping system for payroll which, at a minimum, specifies hours worked, rate of pay, gross wages, deductions and date of pay for each employee. If the employers’ manual workers are represented by a labor organization, the commissioner shall not grant an employer’s application for authorization under this subparagraph unless that labor organization consents thereto.
Upon notice to the employer and an opportunity to be heard, the commissioner may rescind such authorization whenever the commissioner has determined, based upon the factors enumerated above, that the employer is no longer able to meet its payroll responsibilities as previously authorized.
b. Railroad worker.-A railroad worker shall be paid on or before Thursday of each week the wages earned during the seven-day period ending on Tuesday of the preceding week; and provided further that at the written request and notification of address by any employee, every railroad corporation, with the exception of those commuter railroads under the jurisdiction of the metropolitan transportation authority, shall mail every check for wages of such employee via the United States postal service, first class mail.
c. Commission [fig 1] salespersons.–A commission [fig 2] salesperson shall be paid the wages, salary, drawing account, commissions and all other monies earned or payable in accordance with the agreed terms of employment, but not less frequently than once in each month and not later than the last day of the month following the month in which they are earned; provided, however, that if monthly or more frequent payment of wages, salary, drawing accounts or commissions are substantial, then additional compensation earned, including but not limited to extra or incentive earnings, bonuses and special payments, may be paid less frequently than once in each month, but in no event later than the time provided in the employment agreement or compensation plan. The employer shall furnish a commission [fig 3] salesperson, upon written request, a statement of earnings paid or due and unpaid. The agreed terms of employment shall be reduced to writing, signed by both the employer and the commission salesperson, kept on file by the employer for a period not less than three years and made available to the commissioner upon request. Such writing shall include a description of how wages, salary, drawing account, commissions and all other monies earned and payable shall be calculated. Where the writing provides for a recoverable draw, the frequency of reconciliation shall be included. Such writing shall also provide details pertinent to payment of wages, salary, drawing account, commissions and all other monies earned and payable in the case of termination of employment by either party. The failure of an employer to produce such written terms of employment, upon request of the commissioner, shall give rise to a presumption that the terms of employment that the commissioned salesperson has presented are the agreed terms of employment.
d. Clerical and other worker.–A clerical and other worker shall be paid the wages earned in accordance with the agreed terms of employment, but not less frequently than semi-monthly, on regular pay days designated in advance by the employer.
2. No employee shall be required as a condition of employment to accept wages at periods other than as provided in this section.
3. If employment is terminated, the employer shall pay the wages not later than the regular pay day for the pay period during which the termination occurred, as established in accordance with the provisions of this section. If requested by the employee, such wages shall be paid by mail.
§ 191-a. Definitions
For purposes of this article the term:
(a) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of wholesale orders or sales.
(b) “Earned commission” means a commission due for services or merchandise which is due according to the terms of an applicable contract or, when there is no applicable contractual provision, a commission due for merchandise which has actually been delivered to, accepted by, and paid for by the customer, notwithstanding that the sales representative’s services may have terminated.
(c) “Principal” means a person or company engaged in the business of manufacturing, and who:
(1) Manufactures, produces, imports, or distributes a product for wholesale;
(2) Contracts with a sales representative to solicit orders for the product; and
(3) Compensates the sales representative in whole or in part by commissions.
(d) “Sales representative” means a person or entity who solicits orders in New York state and is not covered by subdivision six of section one hundred ninety and paragraph (c) of subdivision one of section one hundred ninety-one of this article because he or she is an independent contractor, but does not include one who places orders for his own account for resale.
§ 191-b. Contracts with sales representatives
1. When a principal contracts with a sales representative to solicit wholesale orders within this state, the contract shall be in writing and shall set forth the method by which the commission is to be computed and paid.
2. The principal shall provide each sales representative with a signed copy of the contract. The principal shall obtain a signed receipt for the contract from each sales representative.
3. A sales representative during the course of the contract, shall be paid the earned commission and all other monies earned or payable in accordance with the agreed terms of the contract, but not later than five business days after the commission has become earned.
1. When a contract between a principal and a sales representative is terminated, all earned commissions shall be paid within five business days after termination or within five business days after they become due in the case of earned commissions not due when the contract is terminated.
2. The earned commission shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him or her through the mails. If the commissions are sent to the sales representative by mail, the earned commissions shall be deemed to have been paid as of the date of their postmark for purposes of this section.
3. A principal who fails to comply with the provisions of this section concerning timely payment of all earned commissions shall be liable to the sales representative in a civil action for double damages. The prevailing party in any such action shall be entitled to an award of reasonable attorney’s fees, court costs, and disbursements.
Wisconsin Sales Rep Statute
REGULATION OF TRADE
CHAPTER 134. MISCELLANEOUS TRADE REGULATIONS
Wis. Stat. § 134.93 (2012)
134.93. Payment of commissions to independent sales representatives.
In this section:
(a) “Commission” means compensation accruing to an independent sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales made by the independent sales representative or as a percentage of the dollar amount of profits generated by the independent sales representative.
(b) “Independent sales representative” means a person, other than an insurance agent or broker, who contracts with a principal to solicit wholesale orders and who is compensated, in whole or in part, by commission. “Independent sales representative” does not include any of the following:
1. A person who places orders or purchases products for the persons own account for resale.
2. A person who is an employee of the principal and whose wages must be paid as required under s. 109.03(3) “Principal” means a sole proprietorship, partnership, joint venture, corporation or other business entity, whether or not having a permanent or fixed place of business in this state, that does all of the following:
1. Manufactures, produces, imports or distributes a product for wholesale.
2. Contracts with an independent sales representative to solicit orders for the product.
3. Compensates the independent sales representative, in whole or in part, by commission.
(2) COMMISSIONS; WHEN DUE.
(a) Subject to pars. (b) and (c), a commission becomes due as provided in the contract between the principal and the independent sales representative.
(b) If there is no written contract between the principal and the independent sales representative, or if the written contract does not provide for when a commission becomes due, or if the written contract is ambiguous or unclear as to when a commission becomes due, a commission becomes due according to the past practice used by the principal and the independent sales representative.
(c) If it cannot be determined under par. (a) or (b) when a commission becomes due, a commission becomes due according to the custom and usage prevalent in this state for the particular industry of the principal and independent sales representative.
(3) NOTICE OF TERMINATION OR CHANGE IN CONTRACT.
Unless otherwise provided in a written contract between a principal and an independent sales representative, a principal shall provide an independent sales representative with at least 90 days prior written notice of any termination, cancellation, nonrenewal or substantial change in the competitive circumstances of the contract between the principal and the independent sales representative.
(4) COMMISSIONS DUE; PAYMENT ON TERMINATION OF CONTRACT.
A principal shall pay an independent sales representative all commissions that are due to the independent sales representative at the time of termination, cancellation or nonrenewal of the contract between the principal and the independent sales representative as required under sub. (2)
(5) CIVIL LIABILITY.
Any principal that violates sub. (2) by failing to pay a commission due to an independent sales representative as required under sub. (2) is liable to the independent sales representative for the amount of the commission due and for exemplary damages of not more than 200% of the amount of the commissions due. In addition, the principal shall pay to the independent sales representative, notwithstanding the limitations specified in s. 799.25 or 814.04, all actual costs, including reasonable actual attorney fees, incurred by the independent sales representative in bringing an action, obtaining a judgment and collecting on a judgment under this subsection.
WordPress Tags: Wisconsin,Sales,Statute,REGULATION,TRADE,CHAPTER,MISCELLANEOUS,REGULATIONS,Stat,Payment,DEFINITIONS,Commission,compensation,percentage,dollar,Independent,person,insurance,agent,broker,products,account,employee,Principal,partnership,corporation,Manufactures,product,Contracts,Compensates,COMMISSIONS,Subject,pars,custom,usage,industry,NOTICE,TERMINATION,CHANGE,CONTRACT,cancellation,CIVIL,addition,limitations,attorney,action,judgment,subsection,nonrenewal
MICHIE’S ALABAMA CODE ANNOTATED
TITLE 8 Commercial Law and Consumer Protection
CHAPTER 24 Sales Representative’s Commission Contracts
Go to the Alabama Code Archive Directory
Code of Ala. § 8-24-1 (2012)
§ 8-24-1. Definitions.
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) Commission. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) Principal. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) Sales representative. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) Termination. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
§ 8-24-2. Sales representative’s commission contracts; commission due.
(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.
(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.
(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
§ 8-24-3. Failure to pay commission; damages; attorney’s fees.
A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney’s fees and court costs.
§ 8-24-4. Nonresident principal; personal jurisdiction.
A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
§ 8-24-5. Waiver void; unrestricted rights or remedies.
(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void.
(b) This chapter does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
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ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 11. REGULATIONS CONCERNING PARTICULAR BUSINESSES
ARTICLE 15. SALES REPRESENTATIVE CONTRACTS
Go to the Arizona Code Archive Directory
A.R.S. § 44-1798.01 (2012)
§ 44-1798.01. Sales representative contract
A. The sales representative and the principal shall enter into a written contract. The contract shall set forth the method by which the sales representative’s commission is to be computed and paid.
B. The principal shall provide each sales representative with a signed copy of the contract. The principal shall obtain a signed receipt for the contract from each sales representative.
§ 44-1798.02. Termination of sales representative contract; payment of earned commissions
A. If an agreement of services is terminated for any reason both of the following apply:
1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination.
2. All the commissions that become due after the effective date of termination shall be paid to the sales representative within fourteen days after they become due.
B. The principal shall pay the sales representative all commissions due while the business relationship is in effect in accordance with the agreement between the parties.
C. A principal who fails to comply with subsections A and B of this section is liable to the sales representative for damages in the amount of three times the sum of the unpaid commissions owed to the sales representative.
D. The prevailing party in an action brought under this section is entitled to the cost of the suit, including reasonable attorney fees.
E. Commissions shall be paid at the usual place of payment unless the sales representative requests that the com-missions be sent by registered mail. If, in accordance with a request by the sales representative, the sales representative’s commissions are sent by mail, the commissions are deemed to have been paid as of the date of the registered postmark on the envelope.
F. Unless payment is made pursuant to a binding and final written settlement agreement and release, the acceptance by a sales representative of a commission payment from the principal does not constitute a release as to the balance of any commissions claimed due. A full release of all commission claims that is required by a principal as a condition to a partial commission payment is null and void.
WordPress Tags: Arizona,Sales,Representative,STATUTES,TITLE,TRADE,COMMERCE,CHAPTER,REGULATIONS,PARTICULAR,BUSINESSES,ARTICLE,CONTRACTS,Code,Archive,Directory,method,receipt,HISTORY,Laws,Termination,payment,agreement,relationship,accordance,subsections,action,cost,attorney,Commissions,missions,envelope,settlement,acceptance
Arkansas Code of 1987 Annotated Official Edition
© 1987-2012 by the State of Arkansas
All rights reserved.
Title 4 Business and Commercial Law
Subtitle 6. Business Practices
Chapter 70 General Provisions
Subchapter 3 — Sales Representatives
A.C.A. § 4-70-306 (2012)
As used in this subchapter, unless the context otherwise requires:
(1) “Commission” means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for, or sales of, the principal’s product;
(2) “Principal” means a person who:
(A) Does not have a permanent or fixed place of business in this state;
(B) Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale;
(C) Uses a sales representative to solicit orders for the product; and
(D) Compensates the sales representative in whole or in part by commission; and
(3) “Sales representative” means a person who solicits on behalf of a principal orders for the purchase at wholesale of the principal’s product. The term “sales representative” does not include a person who places orders for or purchases the product for his or her own account for resale, or is engaged in door-to-door sales regulated by § 4-89-101 et seq.
4-70-302. Sales representatives’ contracts — Limitation.
(a) A contract between a principal and a sales representative under which the sales representative is to solicit wholesale orders within this state must be in writing and set forth the method by which the sales representative’s commission is to be computed and paid.
(b) The principal shall provide the sales representative with a copy of the contract.
(c) A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.
4-70-303. Payment in absence of contract.
If a compensation agreement between a sales representative and a principal that is not in writing is terminated, the principal shall pay all commissions due the sales representative within thirty (30) working days after the date of the termination.
A principal who is not a resident of this state and who enters into a contract subject to this subchapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
4-70-305. Waivers prohibited.
A provision of this subchapter may not be waived, whether by express waiver or by attempt to make a contract or agreement subject to the laws of another state. A waiver of a provision of this subchapter is void.
4-70-306. Damages and attorney’s fees.
A principal who fails to comply with a provision of a contract under § 4-70-302 relating to payment of a commission or fails to pay a commission as required by § 4-70-303 is liable to the sales representative in a civil action for three (3) times the damages sustained by the sales representative, plus reasonable attorney’s fees and costs.
WordPress Tags: Arkansas,Sales,Representative,Code,Official,Edition,State,Title,Commercial,Subtitle,Practices,Chapter,General,Provisions,Subchapter,Definitions,context,Commission,compensation,percentage,dollar,product,Principal,person,Does,Manufactures,sale,customers,Uses,Compensates,account,door,HISTORY,Acts,Limitation,method,provision,venue,action,Payment,absence,agreement,termination,Jurisdiction,purposes,Waivers,waiver,laws,Damages,attorney,resale
Colorado Revised Statutes
WHOLESALE SALES REPRESENTATIVES
12-66-101. Legislative declaration.
The general assembly hereby finds, determines, and declares that independent wholesale sales representatives are a key ingredient to the Colorado economy. The general assembly further finds and declares that wholesale sales representatives spend many hours developing their territory in order to properly market their products. Therefore, it is the intent of the general assembly to provide security and clarify the relations between distributors, jobbers, or manufacturers and their wholesale sales representatives.
12-66-102. Jurisdiction over nonresident representatives
A distributor, jobber, or manufacturer who is not a resident of Colorado and who enters into any written contract or written sales agreement regulated by this article shall be deemed to be doing business in Colorado for purposes of personal jurisdiction.
(1) A distributor, jobber, or manufacturer who knowingly fails to pay commissions as provided in any written contract or written sales agreement shall be liable to the wholesale sales representative in a civil action for treble the damages proved at trial.
(2) In a civil action brought by a wholesale sales representative pursuant to this section, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other recovery.
WordPress Tags: Colorado,Sales,Statutes,ARTICLE,WHOLESALE,Legislative,declaration,Jurisdiction,Damages,Liquor,licensees,ingredient,hours,products,relations,distributors,manufacturers,distributor,manufacturer,agreement,purposes,action,attorney,addition,recovery,jobber
ILLINOIS COMPILED STATUTES ANNOTATED
CHAPTER 820. EMPLOYMENT
WAGES AND HOURS
SALES REPRESENTATIVE ACT
GO TO THE ILLINOIS STATUTES ARCHIVE DIRECTORY
820 ILCS 120/0.01 (2012)
[Prior to 1/1/93 cited as: Ill. Rev. Stat., Ch. 48, para. 2250]
§ 820 ILCS 120/0.01. Short title
Sec. 0.01. Short title. This Act may be cited as the Sales Representative Act.
§ 820 ILCS 120/1. [Terms defined]
Sec. 1. As used in this Act:
(1) “Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a percentage of the dollar amount of profits.
(2) When a commission becomes due shall be determined in the following manner:
(A) The terms of the contract between the principal and salesperson shall control;
(B) If there is no contract, or if the terms of the contract do not provide when the commission becomes due, or the terms are ambiguous or unclear, the past practice used by the parties shall control;
(C) If neither (A) nor (B) can be used to clearly ascertain when the commission becomes due, the custom and usage prevalent in this State for the parties’ particular industry shall control.
(3) “Principal” means a sole proprietorship, partnership, corporation or other business entity whether or not it has a permanent or fixed place of business in this State and which:
(A) Manufactures, produces, imports, or distributes a product for sale;
(B) Contracts with a sales representative to solicit orders for the product; and
(C) Compensates the sales representative, in whole or in part, by commission.
(4) “Sales representative” means a person who contracts with a principal to solicit orders and who is compensated, in whole or in part, by commission, but shall not include one who places orders or purchases for his own account for resale or one who qualifies as an employee of the principal pursuant to the Illinois Wage Payment and Collection Act [820 ILCS 115/1 et seq.].
§ 820 ILCS 120/2. [Commissions due after termination of contract]
Sec. 2. All commissions due at the time of termination of a contract between a sales representative and principal shall be paid within 13 days of termination, and commissions that become due after termination shall be paid within 13 days of the date on which such commissions become due. Any provision in any contract between a sales representative and principal purporting to waive any of the provisions of this Act shall be void.
§ 820 ILCS 120/3. [Exemplary damages; payment of attorney’s fees and court costs]
Sec. 3. A principal who fails to comply with the provisions of Section 2 [820 ILCS 120/2] concerning timely payment or with any contractual provision concerning timely payment of commissions due upon the termination of the contract with the sales representative, shall be liable in a civil action for exemplary damages in an amount which does not exceed 3 times the amount of the commissions owed to the sales representative. Additionally, such principal shall pay the sales representative’s reasonable attorney’s fees and court costs.
BURNS INDIANA STATUTES ANNOTATED
Title 24 Trade Regulations; Consumer Sales and Credit
Article 4 Regulated Businesses
Chapter 7 Contracts with Wholesale Sales Representatives
Go to the Indiana Code Archive Directory
Burns Ind. Code Ann. § 24-4-7-0.1 (2012)
24-4-7-0.1. Applicability of IC 24-4-7 to contracts formed before September 1, 1985.
The addition of this chapter by P.L.238-1985 does not apply to contracts formed before September 1, 1985.
24-4-7-1. “Commission” defined.
As used in this chapter, “commission” means compensation that accrues to a sales representative, for payment by a principal, at a rate expressed as a percentage of the dollar amount of orders taken or sales made by the sales representative.
24-4-7-2. “Person” defined.
As used in this chapter, “person” means an individual, corporation, limited liability company, partnership, unincorporated association, estate, or trust.
24-4-7-3. “Principal” defined.
As used in this chapter, “principal” means a person who:
(1) Manufactures, produces, imports, sells, or distributes a product for wholesale;
(2) Contracts with a sales representative to solicit wholesale orders for the product; and
(3) Compensates the sales representative, in whole or in part, by commission.
24-4-7-4. “Sales representative” defined.
As used in this chapter, “sales representative” means a person who:
(1) Contracts with a principal to solicit wholesale orders in Indiana; and
(2) Is compensated, in whole or in part, by commission.
The term does not include a person who places orders or purchases on the person’s own account for resale.
24-4-7-5. Payment of commissions following termination of contract — Civil action — Attorney’s fees.
(a) If a contract between a sales representative and a principal is terminated, the principal shall, within fourteen (14) days after payment would have been due under the contract if the contract had not been terminated, pay to the sales representative all commissions accrued under the contract.
(b) A principal who in bad faith fails to comply with subsection (a) shall be liable, in a civil action brought by the sales representative, for exemplary damages in an amount no more than three (3) times the sum of the commissions owed to the sales representative.
(c) In a civil action under subsection (b), a principal against whom exemplary damages are awarded shall pay the sales representative’s reasonable attorney’s fees and court costs. However, if judgment is entered for the principal and the court determines that the action was brought on frivolous grounds, the court shall award reasonable attorney’s fees and court costs to the principal.
24-4-7-6. Doing business in Indiana.
For purposes of Indiana trial rule 4.4, a principal who contracts with a sales representative to solicit wholesale orders for a product in Indiana is doing business in Indiana.
24-4-7-7. Revocable offer of commission.
(a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed upon if:
(1) the principal revokes the offer of commission and the sales representative establishes that the revocation was for a purpose of avoiding payment of the commission;
(2) the revocation occurs after the sales representative has obtained a written order for the principal’s product because of the efforts of the sales representative; and
(3) the principal’s product that is the subject of the order is shipped to and paid for by a customer.
(b) This section may not be construed:
(1) to impair the application of IC 32-21-1 (statute of frauds);
(2) to abrogate any rule of agency law; or
(3) to unconstitutionally impair the obligations of contracts.
24-4-7-8. Waiver of statutory provision.
A provision in a contract between a sales representative and a principal that waives a provision of this chapter by:
(1) An express waiver; or
(2) A contract subject to the laws of another state; is void.
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TITLE III. PUBLIC SERVICES AND REGULATION
SUBTITLE 2. EMPLOYMENT SERVICES
CHAPTER 91A. WAGE PAYMENT COLLECTION
Iowa Code § 91A.1 (2012)
91A.1 Short title.
This chapter shall be known and may be referred to as the “Iowa Wage Payment Collection Law”.
As used in this chapter:
1. “Commissioner” means the labor commissioner or a designee.
2. “Days” means calendar days.
3. “Employee” means a natural person who is employed in this state for wages by an employer. Employee also includes a commission salesperson who takes orders or performs services on behalf of a principal and who is paid on the basis of commissions but does not include persons who purchase for their own account for resale. For the purposes of this chapter, the following persons engaged in agriculture are not employees:
a. The spouse of the employer and relatives of either the employer or spouse residing on the premises of the employer.
b. A person engaged in agriculture as an owner-operator or tenant-operator and the spouse or relatives of either who reside on the premises while exchanging labor with the operator or for other mutual benefit of any and all such persons.
c. Neighboring persons engaged in agriculture who are exchanging labor or other services.
4. “Employer” means a person, as defined in chapter 4, who in this state employs for wages a natural person. An employer does not include a client, patient, customer, or other person who obtains professional services from a licensed person who provides the services on a fee service basis or as an independent contractor.
5. “Health benefit plan” means a plan or agreement provided by an employer for employees for the provision of or payment for care and treatment of sickness or injury.
6. “Liquidated damages” means the sum of five percent multiplied by the amount of any wages that were not paid or of any authorized expenses that were not reimbursed on a regular payday or on another day pursuant to section 91A.3 multiplied by the total number of days, excluding Sundays, legal holidays, and the first seven days after the regular payday on which wages were not paid or expenses were not reimbursed. However, such sum shall not exceed the amount of the unpaid wages and shall not accumulate when an employer is subject to a petition filed in bankruptcy.
7. “Wages” means compensation owed by an employer for:
a. Labor or services rendered by an employee, whether determined on a time, task, piece, commission, or other basis of calculation.
b. Vacation, holiday, sick leave, and severance payments which are due an employee under an agreement with the employer or under a policy of the employer.
c. Any payments to the employee or to a fund for the benefit of the employee, including but not limited to payments for medical, health, hospital, welfare, pension, or profit-sharing, which are due an employee under an agreement with the employer or under a policy of the employer. The assets of an employee in a fund for the benefit of the employee, whether such assets were originally paid into the fund by an employer or employee, are not wages.
d. Expenses incurred and recoverable under a health benefit plan.
91A.3 Mode of payment.
1. An employer shall pay all wages due its employees, less any lawful deductions specified in section 91A.5, at least in monthly, semimonthly, or biweekly installments on regular paydays which are at consistent intervals from each other and which are designated in advance by the employer. However, if any of these wages due its employees are determined on a commission basis, the employer may, upon agreement with the employee, pay only a credit against such wages. If such credit is paid, the employer shall, at regular intervals, pay any difference between a credit paid against wages determined on a commission basis and such wages actually earned on a commission basis. These regular intervals shall not be separated by more than twelve months. A regular payday shall not be more than twelve days, excluding Sundays and legal holidays, after the end of the period in which the wages were earned. An employer and employee may, upon written agreement which shall be maintained as a record, vary the provisions of this subsection.
2. The wages paid under subsection 1 shall be paid in United States currency or by written instrument issued by the employer and negotiable on demand at full face value for such currency, unless the employee has agreed in writing to receive a part of or all wages in kind or in other form.
3. a. The wages paid under subsection 1 shall be paid at the employee’s normal place of employment during normal employment hours or at a place and hour mutually agreed upon by the employer and employee, or the employee may elect to have the wages sent for direct deposit, on or by the regular payday of the employee, into a financial institution designated by the employee. Upon written request by the employee, wages due may be sent to the employee by mail. The employer shall maintain a copy of the request for as long as it is effective and for at least two years thereafter. An employee hired on or after July 1, 2005, may be required, as a condition of employment, to participate in direct deposit of the employee’s wages in a financial institution of the employee’s choice unless any of the following conditions exist:
(1) The costs to the employee of establishing and maintaining an account for purposes of the direct deposit would effectively reduce the employee’s wages to a level below the minimum wage provided under section 91D.1.
(2) The employee would incur fees charged to the employee’s account as a result of the direct deposit.
(3) The provisions of a collective bargaining agreement mutually agreed upon by the employer and the employee organization prohibit the employer from requiring an employee to sign up for direct deposit as a condition of hire.b. If the employer fails to pay an employee’s wages on or by the regular payday in accordance with this subsection, the employer is liable for the amount of any overdraft charge if the overdraft is created on the employee’s account because of the employer’s failure to pay the wages on or by the regular payday. The overdraft charges may be the basis for a claim under section 91A.10 and for damages under section 91A.8.
4. The wages paid under subsection 1 may be delivered to a designee of the employee who is so designated in writing or may be sent to the employee by any reasonable means requested by the employee in writing. A designee under this subsection shall not also be an assignee or buyer of wages under section 539.4 nor a garnisher of the employee under chapter 642, unless the designee complies with the provisions of section 539.4 and chapter 642.
5. If an employee is absent from the normal place of employment on the regular payday, the employer shall, upon demand of the employee made within the first seven days following the regular payday, pay the wages, less any lawful deductions specified in section 91A.5, which were due on that regular payday. However, if demand is not made within this seven-day period, the employer shall, upon demand of the employee, pay the wages which were due on a regular payday within the first seven days following the day on which demand is made.
6. Expenses by the employee which are authorized by the employer and incurred by the employee shall either be reimbursed in advance of expenditure or be reimbursed not later than thirty days after the employee’s submission of an expense claim. If the employer refuses to pay all or part of each claim, the employer shall submit to the employee a written justification of such refusal within the same time period in which expense claims are paid under this subsection.
7. If a farm labor contractor contracts with a person engaged in the production of seed or feed grains to remove unwanted or genetically deviant plants or corn tassels or to hand pollinate plants, and fails to pay all wages due the employees of the farm labor contractor, the person engaged in the production of seed or feed grains shall also be liable to the employees for wages not paid by the farm labor contractor.
91A.4 Employment suspension or termination — how wages are paid.
When the employment of an employee is suspended or terminated, the employer shall pay all wages earned, less any lawful deductions specified in section 91A.5 by the employee up to the time of the suspension or termination not later than the next regular payday for the pay period in which the wages were earned as provided in section 91A.3. However, if any of these wages are the difference between a credit paid against wages determined on a commission basis and the wages actually earned on a commission basis, the employer shall pay the difference not more than thirty days after the date of suspension or termination. If vacations are due an employee under an agreement with the employer or a policy of the employer establishing pro rata vacation accrued, the increment shall be in proportion to the fraction of the year which the employee was actually employed.
91A.5 Deductions from wages.
1. An employer shall not withhold or divert any portion of an employee’s wages unless:
a. The employer is required or permitted to do so by state or federal law or by order of a court of competent juris-diction; or
b. The employer has written authorization from the employee to so deduct for any lawful purpose accruing to the benefit of the employee.
2. The following shall not be deducted from an employee’s wages:
a. Cash shortage in a common money till, cash box, or register operated by two or more employees or by an em-ployee and an employer. However, the employer and a full-time employee who is the manager of an establishment may agree in writing signed by both parties that the employee will be responsible for a cash shortage that occurs within forty-five days prior to the most recent regular payday. Not more than one such agreement shall be in effect per establishment.
b. Losses due to acceptance by an employee on behalf of the employer of checks which are subsequently dishon-ored if the employee has been given the discretion to accept or reject such checks and the employee does not abuse the discretion given.
c. Losses due to breakage, damage to property, default of customer credit, or nonpayment for goods or services rendered so long as such losses are not attributable to the employee’s willful or intentional disregard of the employer’s interests.
d. Lost or stolen property, unless the property is equipment specifically assigned to, and receipt acknowledged in writing by, the employee from whom the deduction is made.
e. Gratuities received by an employee from customers of the employer.
f. Costs of personal protective equipment, other than items of clothing or footwear which may be used by an em-ployee during nonworking hours, needed to protect an employee from employment-related hazards, unless provided otherwise in a collective bargaining agreement.
g. Costs of more than twenty dollars for an employee’s relocation to the place of employment. This paragraph shall apply only to an employer as defined in section 91E.1.
91A.5A Holiday time off — Veterans Day.
1. An employer shall provide each employee who is a veteran, as defined in section 35.1, with holiday time off for Veterans Day, November 11, if the employee would otherwise be required to work on that day, as provided in this section.
2. An employer, in complying with this section, shall have the discretion of providing paid or unpaid time off on Veterans Day, unless providing time off would impact public health or safety or would cause the employer to experience significant economic or operational disruption.
3. a. An employee shall provide the employer with at least one month’s prior written notice of the employee’s intent to take time off for Veterans Day and shall also provide the employer with a federal certificate of release or discharge from active duty, or such similar federal document, for purposes of determining the employee’s eligibility for the benefit provided in this section.
b. The employer shall, at least ten days prior to Veterans Day, notify the employee if the employee shall be provided paid or unpaid time off on Veterans Day. If the employer determines that the employer is unable to provide time off for Veterans Day for all employees who request time off, the employer shall deny time off to the minimum number of employees needed by the employer to protect public health and safety or to maintain minimum operational capacity, as applicable.
91A.6 Notice and recordkeeping requirements.
1. An employer shall after being notified by the commissioner pursuant to subsection 2:
a. Notify its employees in writing at the time of hiring what wages and regular paydays are designated by the employer.
b. Notify, at least one pay period prior to the initiation of any changes, its employees of any changes in the arrangements specified in subsection 1 that reduce wages or alter the regular paydays. The notice shall either be in writing or posted at a place where employee notices are routinely posted.
c. Make available to its employees upon written request, a written statement enumerating employment agreements and policies with regard to vacation pay, sick leave, reimbursement for expenses, retirement benefits, severance pay, or other comparable matters with respect to wages. Notice of such availability shall be given to each employee in writing or by a notice posted at a place where employee notices are routinely posted.
d. Establish, maintain, and preserve for three calendar years the payroll records showing the hours worked, wages earned, and deductions made for each employee and any employment agreements entered into between an employer and employee.
2. The commissioner shall notify an employer to comply with subsection 1 if the employer has paid a claim for unpaid wages or nonreimbursed authorized expenses and liquidated damages under section 91A.10 or if the employer has been assessed a civil money penalty under section 91A.12. However, a court may, when rendering a judgment for wag-es or nonreimbursed authorized expenses and liquidated damages or upholding a civil money penalty assessment, order that an employer shall not be required to comply with the provisions of subsection 1 or that an employer shall be required to comply with the provisions of subsection 1 for a particular period of time.
3. Within ten working days of a request by an employee, an employer shall furnish to the employee a written, itemized statement or access to a written, itemized statement as provided in subsection 4, listing the earnings and deductions made from the wages for each pay period in which the deductions were made together with an explanation of how the wages and deductions were computed.
4. On each regular payday, the employer shall send to each employee by mail or shall provide at the employee’s normal place of employment during normal employment hours a statement showing the hours the employee worked, the wages earned by the employee, and deductions made for the employee. However, the employer need not provide information on hours worked for employees who are exempt from overtime under the federal Fair Labor Standards Act, as defined in 29 C.F.R. pt. 541, unless the employer has established a policy or practice of paying to or on behalf of exempt employees overtime, a bonus, or a payment based on hours worked, whereupon the employer shall send or otherwise provide a statement to the exempt employees showing the hours the employee worked or the payments made to the employee by the employer, as applicable. An employer who provides each employee access to view an electronic statement of the employee’s earnings and provides the employee free and unrestricted access to a printer to print the employee’s statement of earnings, if the employee chooses, is in compliance with this subsection.
91A.7 Wage disputes.
If there is a dispute between an employer and employee concerning the amount of wages or expense reimbursement due, the employer shall, without condition and pursuant to section 91A.3, pay all wages conceded to be due and reimburse all expenses conceded to be due, less any lawful deductions specified in section 91A.5. Payment of wages or reimbursement of expenses under this section shall not relieve the employer of any liability for the balance of wages or expenses claimed by the employee.
91A.8 Damages recoverable by an employee.
When it has been shown that an employer has intentionally failed to pay an employee wages or reimburse expenses pursuant to section 91A.3, whether as the result of a wage dispute or otherwise, the employer shall be liable to the employee for any wages or expenses that are so intentionally failed to be paid or reimbursed, plus liquidated damages, court costs and any attorney’s fees incurred in recovering the unpaid wages and determined to have been usual and necessary. In other instances the employer shall be liable only for unpaid wages or expenses, court costs and usual and necessary attorney’s fees incurred in recovering the unpaid wages or expenses.
91A.9 General powers and duties of the commissioner.
1. The commissioner shall administer and enforce the provisions of this chapter. The commissioner may hold hearings and investigate charges of violations of this chapter.
2. The commissioner may, consistent with due process of law, enter any place of employment to inspect records concerning wages and payrolls, to question the employer and employees, and to investigate such facts, conditions, or matters as are deemed appropriate in determining whether any person has violated the provisions of this chapter. How-ever, such entry by the commissioner shall only be in response to a written complaint.
3. The commissioner may employ such qualified personnel as are necessary for the enforcement of this chapter. Such personnel shall be employed pursuant to chapter 8A, subchapter IV.
4. The commissioner shall, in consultation with the United States department of labor, develop a database of the employers in this state utilizing special certificates issued by the United States secretary of labor as authorized under 29 U.S.C. § 214, and shall maintain the database.
5. The commissioner shall promulgate, pursuant to chapter 17A, any rules necessary to carry out the provisions of this chapter.
91A.10 Settlement of claims and suits for wages — prohibition against discharge of employee.
1. Upon the written complaint of the employee involved, the commissioner may determine whether wages have not been paid and may constitute an enforceable claim. If for any reason the commissioner decides not to make such determination, the commissioner shall so notify the complaining employee within fourteen days of receipt of the complaint. The commissioner shall otherwise notify the employee of such determination within a reasonable time and if it is determined that there is an enforceable claim, the commissioner shall, with the consent of the complaining employee, take an assignment in trust for the wages and for any claim for liquidated damages without being bound by any of the technical rules respecting the validity of the assignment. However, the commissioner shall not accept any complaint for unpaid wages and liquidated damages after one year from the date the wages became due and payable.
2. The commissioner, with the assistance of the office of the attorney general if the commissioner requests such assistance, shall, unless a settlement is reached under this subsection, commence a civil action in any court of competent jurisdiction to recover for the benefit of any employee any wage, expenses, and liquidated damages’ claims that have been assigned to the commissioner for recovery. The commissioner may also request reasonable and necessary attorney fees. With the consent of the assigning employee, the commissioner may also settle a claim on behalf of the assigning employee. Proceedings under this subsection and subsection 1 that precede commencement of a civil action shall be conducted informally without any party having a right to be heard before the commissioner. The commissioner may join various assignments in one claim for the purpose of settling or litigating their claims.
3. The provisions of subsections 1 and 2 shall not be construed to prevent an employee from settling or bringing an action for damages under section 91A.8 if the employee has not assigned the claim under subsection 1.
4. Any recovery of attorney fees, in the case of actions brought under this section by the commissioner, shall be remitted by the commissioner to the treasurer of state for deposit in the general fund of the state. Also, the commissioner shall not be required to pay any filing fee or other court costs.
5. An employer shall not discharge or in any other manner discriminate against any employee because the employee has filed a complaint, assigned a claim, or brought an action under this section or has cooperated in bringing any action against an employer. Any employee may file a complaint with the commissioner alleging discharge or discrimination within thirty days after such violation occurs. Upon receipt of the complaint, the commissioner shall cause an investigation to be made to the extent deemed appropriate. If the commissioner determines from the investigation that the provisions of this subsection have been violated, the commissioner shall bring an action in the appropriate district court against such person. The district court shall have jurisdiction, for cause shown, to restrain violations of this subsection and order all appropriate relief including rehiring or reinstatement of the employee to the former position with back pay.
91A.11 Wage claims brought under reciprocity.
1. The commissioner may enter into reciprocal agreements with the labor department or corresponding agency of any other state or its representatives for the collection in such other states of claims or judgments for wages and other demands based upon claims assigned to the commissioner.
2. The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with an agency of another state as provided in this section, maintain actions in the courts of such other state to the extent permitted by the laws of that state for the collection of claims for wages, judgments and other demands and may assign such claims, judgments and demands to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the laws of such state or by reciprocal agreement.
3. The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or its representatives, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state. However, such actions may be maintained only in cases in which such other state by law or reciprocal agreement extends a like comity to cases arising in this state.
91A.12 Civil penalties.
1. Any employer who violates the provisions of this chapter or the rules promulgated under it shall be subject to a civil money penalty of not more than five hundred dollars per pay period for each violation. The commissioner may recover such civil money penalty according to the provisions of subsections 2 to 5. Any civil money penalty recovered shall be deposited in the general fund of the state.
2. The commissioner may propose that an employer be assessed a civil money penalty by serving the employer with notice of such proposal in the same manner as an original notice is served under the rules of civil procedure. Upon service of such notice, the proposed assessment shall be treated as a contested case under chapter 17A. However, an employer must request a hearing within thirty days of being served.
3. If an employer does not request a hearing pursuant to subsection 2 or if the commissioner determines, after an appropriate hearing, that an employer is in violation of this chapter, the commissioner shall assess a civil money penalty which is consistent with the provisions of subsection 1 and which is rendered with due consideration for the penalty amount in terms of the size of the employer’s business, the gravity of the violation, the good faith of the employer, and the history of previous violations.
4. An employer may seek judicial review of any assessment rendered under subsection 3 by instituting proceedings for judicial review pursuant to chapter 17A. However, such proceedings must be instituted in the district court of the county in which the violation or one of the violations occurred and within thirty days of the day on which the employer was notified that an assessment has been rendered. Also, an employer may be required, at the discretion of the district court and upon instituting such proceedings, to deposit the amount assessed with the clerk of the district court. Any moneys so deposited shall either be returned to the employer or be forwarded to the commissioner for deposit in the general fund of the state, depending on the outcome of the judicial review, including any appeal to the supreme court.
5. After the time for seeking judicial review has expired or after all judicial review has been exhausted and the commissioner’s assessment has been upheld, the commissioner shall request the attorney general to recover the assessed penalties in a civil action.
91A.13 Travel time to worksite — when compensable.
Unless a collective bargaining agreement provides otherwise, an employee is not entitled to compensation for the time that an employee spends traveling to and from the worksite on transportation provided by the employer, when during that time, the employee performs no work, the transportation is provided by the employer as a convenience for the employee, and the employee is not required by the employer to use that means of transportation to the worksite. An employee is entitled to compensation for the time that an employee spends traveling between worksites if the travel is done during working hours.
91A.14 Former employees.
The rights and obligations outlined in this chapter continue until they are fulfilled, even though the employ-er-employee relationship has been severed.
Fish & Wildlife Service – Vernal – Looking For Boatmen
The FWS offices in Vernal and Grand Junction are recruiting people for seasonal work operating boats for fish work. In particular, we are looking for folks with solid whitewater rafting skills who can operate heavy oar rafts. This job is not the same as our seasonal fish tech job, so it focuses on boat operation, although all staff will eventually be proficient on the fish end of things. The link for the announcement is below. The announcement will be open for 2 weeks, starting today.
If you know any boaters looking to have a long season, are maybe a little burned out on taking care of guests, or want to see what’s been living under their boat all these years, please pass this along. There may also be an opportunity for guides looking for early season work before they go to their guiding job for the summer. We really need people in April and May.
From: FWS HR Sent: Friday, January 04, 2013 10:00 AM Subject: Seasonal Small Craft Operator link to USA Jobs
Good morning, below is a link to the Small Craft Operator announcement, which opened today on USA Jobs:
Argument that plaintiff was forced to sign a release by an employer did not prevail, but it was taken seriously by the court.
I’ve worried and written on the issue that when a “team-building” exercise is undertaken by an employer how the issue of a release should be handled. If the
employer uses an employer or rope’s course or climbing wall release is this going to give the employee the argument that they were coerced into the act? Where does worker’s compensation arise in employers “required” team building activity? What if the release the employee signs, is one required by the employer?
A defense to a contract is coercion. You cannot be held to a contract if you were forced to enter into the contract.
In this case, the employer contracted with the defendant university to run a team-building exercise. The team-building exercise included using a climbing wall. Prior to the activity, the employer gave the employee a release prepared by the defendant to sign. The release relieved the defendant university of any liability for negligence.
While climbing the belayer, a coworker failed, and the plaintiff was injured. The plaintiff sued the university for failing to train and supervise the belayer. The university moved for summary judgment based upon the release signed by the employee.
Summary of the case
The Idaho Supreme Court first looked at the basis for release law in Idaho. In Idaho, releases are upheld unless one party owes the other party a public duty created by statute or there is an obvious disadvantage in the bargaining power between the parties. The bargaining power must be so unequal that “the party injured has little choice, as a practical matter, but to use the services offered by the party seeking exemption.”
The plaintiff argued the release was void because of the disadvantage of bargaining power between the employee and the employer. The plaintiff argued that:
· all employees were expected to sign the release
· he was not given an option not to sign the release
However, the court pointed out that at no time did the plaintiff say, “that he did not want to climb the climbing wall and that his employer ordered him to do so anyway.”
The release had a statement in it that said:
The undersigned has read and voluntarily signs this release and waiver of liability and indemnity agreement. The undersigned further agrees that no oral representations, statements or inducements apart from the foregoing agreement have been made.”
Between the facts, the plaintiff did not object to signing the release, the team-building exercise or climbing on the wall along with the statement in the release that
he had not been coerced his defense failed.
The plaintiff also argued that the release was overly broad and should not be upheld. In Idaho, the court set forth the requirements on how contracts and releases would be interpreted. “Clauses which exclude liability must speak clearly and directly to the particular conduct of the defendant who caused the harm at issue.” However, the language need not “list the specific, allegedly negligent conduct at issue.” In Idaho, that language must be broad enough to cover future negligence.
The parties to a release need not have contemplated the precise occurrence that caused the plaintiff’s injuries but rather may adopt language to cover a broad range of accidents by specifying injuries involving negligence upon the part of the defendant.
In Idaho, the language must not cover every possible accident but have language that allows the plaintiff to understand the board range of possible accidents. As I say, the life-changing ones should be listed as well as the everyday ones. On a frequency and severity scale, you want the ones with high severity and the ones with high frequency listed on your release.
The court upheld the release as a bar to the plaintiff’s claims. However, it was apparent in the decision that the court took seriously both claims raised by the plaintiff.
There was a dissent about the language of the release which would have ruled for the plaintiff on the issue of the language being broad enough to cover the injuries claimed by the plaintiff.
So Now What?
There are many states where I believe this case would not have survived. In this case if the plaintiff would have asked what happens if I don’t sign or said I don’t want to participate; the release would not have worked.
If you are running team building exercises this places you in an ethical as well as a legal conundrum. How do you protect yourself when the people coming to you
First make sure everyone knows they have an out that they can say public or privately that if they don’t want to do something, they don’t have too. That may defeat the purpose of the team-building exercise in your or the employer’s mind but the long-term costs of litigation over the issue should exceed that issue.
This also places you, the business to take a position, which is against your client. However, I believe you have to protect the participant who does not want to participate from your client. This is a dangerous conflict of interest.
Two, decide advance who will take care of the issue of what to do if someone is sued. It might be easier to have the employer indemnify you for any injuries of employees.
Employees should probably be covered under a worker’s comp policy in situations like this so you might always be subject to a subrogation claim for an injury. Releases stop subrogation claims, and indemnification does not. However, if the worker’s compensation carrier realizes they will be suing their insured because of an indemnification policy it might make a difference.
Three, work everything out in advance. Getting the release to the employer in advance of the activity was great. However, there was still a gap in what to do if someone is injured. Obviously, the employer and the university really never contemplated that someone would get injured, other than their insurance company and legal counsel telling them they must use a release. However, people get hurt all the time; bathrooms can only be avoided for so long. If you and the employer understand who insurance is going to step up and what defenses are available to both parties in advance it might eliminate some suits.
What do you think? Leave a comment.
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field work beginning in November. These positions are intermittent, meaning that there is no guarantee of work and no set work schedule. Intermittent employees are eligible to work up to 1039 hours in a calendar year, with extra paid training hours available as necessary. There is no housing, travel money, or insurance available. However, intermittent employees can receive overtime pay. While Grand Canyon is not guaranteeing any work, intermittent employees do not have to be available for every trip. This type of position is excellent for someone with a (flexible) job or someone that has other seasonal work and may be interested in working in the field when trips are available. These positions can be maintained for years to come.
For more information about the position, and for information about how to apply, please click the following link: http://www.usajobs.gov/GetJob/ViewDetails/322954400
There will be a lot of backcountry field work with the fisheries program this fall and winter, and other programs within Grand Canyon National Park‘s Science and Resource Management Division have project needs as well. We are especially interested in people with general science and backcountry experience. Please distribute this to anyone that think may be interested. Again, the position is open on USA Jobs from August 13-24.
Lawsuit claims heavenly is liable for not teaching the employee how to board?
both resorts interchangeably. The snowboarder was an off duty Heavenly employee. The employee was working as a temporary seasonal employee and from Brazil.
The lawsuit claims that Heavenly is liable because:
…Heavenly solicits foreign employees, offers free season ski passes for use when they’re off duty, discounted merchandise, food and beverage, and low-cost housing that the company is responsible for their presence on the slopes.
Sullivan argues that the resort doesn’t provide adequate training to the employees on skiing and boarding skills and the need to follow the resort’s responsibility code.
I think that is a stretch. I think that claim has been stretched to Brazil and back. If Vail is liable for not teaching an employee how to ski, McDonald’s is in big trouble for not teaching its employees how to i.
What do you think? Leave a comment.
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I am pleased to announce that we will be holding our follow-up meeting to the Pathways to Natural Resources Careers Summit on April 24th from 9:00 to 11:30 in the Hunter Education Room of the Colorado Parks & Wildlife building located at 6060 Broadway, Denver, CO 80216. The agenda for this event was generated by participants who attended the Pathways to Natural Resources Careers Summit held on February 23rd, co-hosted by CYCA and BLM.. With record numbers of Agency staff poised to retire and youth and young adult unemployment at 20%, this issue is of great importance.
The primary request at the conclusion of the February Summit was to conduct an inventory of existing resources for assisting young people to chart careers in natural resources – especially in State and Federal agencies. To that end, on April 24 we will:
1 – conduct a resource inventory
2 – identify resource gaps (by geographic area, age group, and target population)
3 – identify 2-3 action steps we can take in the next 12 months to fill those gaps
As such, please bring any and all of the electronic or hard copy resources you have that pertain to creating a path to employment in the natural resources sector. We will have laptops, and a projector and screen to enable review of electronic resources; please bring several copies of your hard copy materials for review by small groups. Load e-resources on a flash drive. If you are not able to attend, we encourage you to submit resources to us in advance so that they can be considered during the meeting. Please send them to Grant Sanford (gsanford).
Even if you were not able to attend the February Summit, we encourage you to attend this meeting and offer your insight on the topic.
I have attached the summary document from the first Pathways Summit compiled by facilitator Wendy Newman. As this summary illustrates, there are a number of short-term goals that we can collectively achieve through a focused effort. The first step is determining what resources are immediately available and what remains to be created, refined, and implemented. Your assistance and contributions are critical in achieving these goals and ultimately providing natural resource career opportunities to a broad base of young people.
There is no charge for the meeting. To RSVP, follow this link: nweil or 303-863-0603.
Light breakfast refreshments along with coffee and tea will be provided; please bring your own beverage container. RSVP by Tuesday, April 17, 2012.
Feel free to forward this email to other interested individuals.
Warehouse Personnel Job summary
AzRA/Discoevry is a licensed concessioner for the Grand Canyon National Park. We offer 6 to 16 day rafting tours through Grand Canyon National Park on the Colorado River. We are looking for part/full time warehouse employees to help with pre and post trip logistics. The positions will be up to forty hours a week and run from April to October, 2012.
Maintain a safe and clean warehouse/work area
Be able to work well with others
Be in sound physical condition (able to lift 70 pounds)
Maintenance and repair of river equipment
Assist guide crew in safely loading and unloading trucks
Pre packing equipment for outgoing river trips
Licenses and skills:
Must have a drivers license
Willing to obtain a forklift operator certificate
It is AzRA/Discovery’s to provide equal employment opportunity to all individuals based on job related qualifications. AzRA/Discovery complies with all federal, state, and local non-discrimination laws in all aspects of employment including recruiting, hiring, promotion, development, transfer, and disciplinary action.
DRUG-FREE WORK ENVIRONMENT AND SUBSTANCE ABUSE
AzRA/Discovery has always followed and will continue to follow all State, Federal, and National Park Service rules and regulations concerning a drug-free work environment (pre-employment and random drug testing).
HOW TO APPLY
Send a resume to fred and jed by March 19th. Include with the resume a phone number and your availability. This is no way a river position or away to become a guide.
Arizona Raft Adventures & Grand Canyon Discovery
4050 E Huntington Dr. Flagstaff, AZ 86004
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