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      All articles — page 7

      The full handbook in alphabetical order, across every subject.

      73
      Correctional Law

      Medical and Mental Health Care Obligations

      Estelle v. Gamble established that deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain. The claim has two elements: a medical need serious enough that a physician would find treatment necessary or that a lay person would recognize it, and an official who knew of and disregarded the risk. Negligent diagnosis or treatment does not meet the standard, and a difference of opinion about the correct treatment does not either.

      6 min readFederal and state

      74
      Advertising Law

      Negative Option Offers, Renewals and Cancellation

      A negative option offer treats a consumer's inaction as acceptance of a continuing charge. The Restore Online Shoppers' Confidence Act at 15 U.S.C. 8403 requires clear and conspicuous disclosure of all material terms before billing information is obtained, express informed consent to the charge, and a simple mechanism to stop recurring charges. The prenotification rule at 16 CFR Part 425 adds disclosure, shipment and cancellation duties for plans that ship by default.

      6 min readFederal law

      75
      Immigration Sponsorship

      Notice of Filing: Where a Posting Goes and for How Long

      Where a bargaining representative exists for the occupational classification, notice of the filing goes to that representative. Where none exists, the employer posts notice in at least two conspicuous locations at each place of employment for a total of ten days, or gives electronic notice to affected workers for the same period. The notice must state the number of workers, the classification, the wage, the period and locations, and where a complaint may be filed.

      5 min readFederal law

      76
      Agricultural & Food Law

      Nutrient Content and Health Claims: What May Be Said

      A nutrient content claim characterizes the level of a nutrient and may be used only where the food meets the definition established by regulation for that term. A health claim describes a relationship between a substance and a disease and requires either an authorizing regulation, an authoritative statement notification, or enforcement discretion for a qualified claim with disclosing language. A structure or function claim requires no preapproval but may not mention a disease.

      6 min readFederal law

      77
      Motor Carrier Law

      Operating Authority: Registration, Numbers and Insurance Filings

      A for-hire motor carrier transporting regulated property in interstate commerce must register with the Secretary under 49 U.S.C. 13901, obtain a USDOT number under 49 CFR 390.19, and have its insurer file evidence of financial responsibility at the minimum levels set by 49 CFR 387.9. Authority does not become effective until the insurance filing and the BOC-3 designation of process agents are both on record. Operating without them exposes the carrier to civil penalties under 49 U.S.C. 521.

      6 min readFederal law

      78
      Agricultural & Food Law

      Organic Certification and Who Is Excluded From It

      An operation that produces or handles agricultural products sold as organic must be certified by a USDA-accredited certifying agent unless an exclusion applies. Certification requires an organic system plan, an on-site inspection, and annual update and inspection thereafter. Land must have had no prohibited substance applied for three years before harvest. Four labeling categories exist, with the seal available to the top two. Records are retained for five years.

      5 min readFederal law

      79
      Motor Carrier Law

      Out-of-Service Orders and Roadside Inspection Levels

      Roadside inspections follow the North American Standard levels, from a full driver and vehicle examination at Level I to a credentials-only check at Level III and a vehicle-only inspection at Level V. Findings that meet the out-of-service criteria stop the vehicle, the driver, or both. Under 49 CFR 396.9 a vehicle placed out of service may not be operated until the required repairs are completed, and the certification of repair on the inspection report must be returned within fifteen days.

      5 min readFederal law

      80
      Healthcare Regulation

      Overpayments: The Identification Date and the Sixty-Day Clock

      A person who receives an overpayment must report and return it by the later of sixty days after the overpayment was identified or the date any corresponding cost report is due. An overpayment is identified when it is knowingly received or retained, using the knowledge standard of the false claims statute. The deadline can be suspended during a timely good-faith investigation of related overpayments, and by a self-disclosure or an extended repayment request. The lookback period runs six years.

      5 min readFederal and state

      81
      Correctional Law

      Parole and Supervised Release: Conditions and Revocation

      Morrissey v. Brewer requires a two-stage process before revocation: a prompt preliminary hearing near the place of the alleged violation to determine probable cause, and a final revocation hearing with written notice, disclosure of evidence, an opportunity to be heard and confront adverse witnesses, a neutral body, and a written statement of the evidence and reasons. Supervised release is governed by 18 U.S.C. 3583, which sets the imprisonment a court may impose on revocation by offense class.

      6 min readFederal and state

      82
      Agricultural & Food Law

      Payment Limits and the Actively Engaged Test

      A person or legal entity is limited in covered commodity program payments received in a crop year, with peanuts limited separately. Payments are attributed directly to the individuals behind an entity through several levels of ownership. To be eligible, a person must be actively engaged in farming, which requires a contribution of capital, equipment or land together with a contribution of personal labor or active personal management that is significant and commensurate with the share claimed.

      6 min readFederal law

      83
      Immigration Sponsorship

      Practical Training and the Employer Reporting Duty

      Curricular training is authorized by the school for a named employer and fixed dates. Post-completion training is authorized by the immigration agency through an employment document. The extended track imposes obligations directly on the employer: a signed training plan describing supervision and goals, enrollment in the electronic verification program, three written attestations about the position, and a report to the school within five business days of a departure.

      6 min readFederal law

      84
      Immigration Sponsorship

      Prevailing Wage Determinations and the Four Wage Levels

      A prevailing wage determination is requested on Form ETA-9141 from the National Prevailing Wage Center and states a wage for the occupation in the area of intended employment at one of four levels. The level starts at entry and rises with experience beyond the occupational norm, education above the norm, supervisory duties, licensing and special skills. A determination is valid for a stated window and the filing must occur inside it.

      5 min readFederal law