WISH YOU WERE HERE!
" ROCKET "
ONCE UPON A TIME, THERE WAS A SMALL COMPANY THAT SOLD CRAP... THEY DID THIS UNTIL THERE WAS NO NEED FOR CRAP, SO THEN THEY SOLD OTHER PEOPLES CRAP. WHEN THE CUSTOMERS FOUND OUT THAT THE CRAP WAS OVER PRICED AND OF LOW QUALITY, THEY STOPPED BUYING CRAP. SEEKING A NEW LINE OF CRAP TO SELL WAS VERY DIFFICULT SINCE THE ENTIRE COMPANY WAS BASED ON CRAP, AND RUN BY PEOPLE WHO WERE FULL OF CRAP.
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" MONEY IS THE ROOT OF ALL EVIL" VOTES FOR THE SLUG!
THE SLUG KNOW THE RULES! |
WHEN THE SLUG COUNTER REACHES 3 BILLION, YOU WILL BE NOTIFIED VIA EMAIL (NOT "SNAIL-MAIL") |
INS New York District Office Enforcement
Information
For important information on reporting suspected illegal aliens, please see How
Do I Report Suspected Illegal Aliens or Suspected Illegal Immigration Activity?
The following additional information is provided to facilitate the reporting of
suspected illegal activity.
The INS New York District is able to investigate certain allegations concerning
criminal provisions of U.S. Immigration laws. We especially welcome information
concerning the counterfeiting of immigration documents and other identity
documents, the smuggling of people into the United States and organized
immigration fraud schemes.
Also note that we are unable to resolve personal disputes with a person you
suspect to be an illegal alien. For such matters, we suggest you contact the
appropriate organization such as the police, a consumer protection agency or
court.
We prefer to receive all communications in writing as these are generally more
complete than phoned-in messages. If you write, please include your name,
address and a daytime telephone number so that we can contact you if necessary.
Written communication does not have to be in English, as we can translate
letters from most languages.
Please address correspondence to:
U.S. Immigration
INV Correspondence
26 Federal Plaza, Rm 10-116
New York, NY 10278
OTHER HELPFUL ADDRESSES ETC:
OSHA
Long Island Area Office
1400 Old Country Road
Suite 208
Westbury, New York 11590
(516) 334-3344
(516) 334-3326 FAX
COMMERCE: The term "commerce" means trade, traffic, commerce, or transportation
within the jurisdiction of the United States.
(A) between a place in s State and any place outside of such State, or (B) which
affects trade, traffic, commerce, or transportation described in subparagraph
(A). 49 USC 5101 et seq.
GOVERNMENT NOT ENGAGED IN COMMERCE:
(1) The Government service or activity benefits the community as a whole and is
available to the public at little or no direct expense. (2) The service or
activity is undertaken for the purpose of public service rather than for
pecuniary gain; (3) Government is the principal provider of activity; and (4)
Government is particular suited to provide the service or perform the activity;
(5) The activity is supported through general tax revenues.
GOVERNMENT IS ENGAGED IN COMMERCE:
(1) When it engages in activities contrary to the aforementioned circumstances.
(2) When the government "offers" material into commerce.
CONTRACTORS:
Any person who, under contract with any department, agency, or instrumentality
of the executive, legislative, or judicial branch of the Federal Government,
transports, or causes to be transported or shipped, a hazardous material or
manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a
package or container which is represented, marked, certified, or sold by such
person as qualified for use in transportation of hazardous materials shall be
subject to and comply with all provisions of the Federal Hazardous Material
Transportation Law, or the regulations issued thereunder.
HAZMAT EMPLOYER:
A person who uses one or more of its employees in connection with; transporting
hazardous materials in commerce; causing hazardous materials to be transported
or shipped in commerce; or representing, marking, certifying, selling, offering,
manufacturing, reconditioning, testing, repairing, or modifying containers,
drums, or packaging as qualified in the transportation of hazardous materials.
This term includes an owner-operator of a motor vehicle which transports
hazardous materials in commerce. This term includes any department, agency, or
instrumentality of the United States, a State, a political subdivision of a
State, or an Indian tribe engaged in the first sentence of this definition.
HAZMAT EMPLOYEE:
A person who is employed by a hazmat employer and who in the course of
employment directly affects hazardous materials transportation safety. This term
includes an owner-operator of a motor vehicle which transports a hazardous
materials in commerce. This term includes an individual, including a
self-employed individual, employed by a hazmat employer who, in the course of
employment: (1) Loads, unloads, or handles hazardous materials; (2)
Manufactures, tests, reconditions, or repairs, modifies, marks, or otherwise
represents containers, drums, or packages as qualified for use in the
transportation of hazardous materials; (3) Prepares hazardous materials for
transportation; (4) Is responsible for safety of transporting hazardous
materials; or (5) Operates a vehicle used to transport hazardous materials.
Incident Reporting
The intentional release of hazardous materials for shipment requires a detailed
incident report to be submitted to the USDOT.
More serious incidents may require immediate notice to the National Response
Center at (800) 424-8802.
GENERAL DOT HAZARDOUS MATERIALS REGULATORY REQUIREMENTS
"No person may offer or accept a hazardous material for transportation in
commerce unless that person is registered in conformance with subpart G of Part
107 of this chapter, if applicable, and the hazardous material is properly
classed, described, packaged, marked, labeled, and in condition for shipment as
required or authorized..."(49 CFR 171.2(a))
Underlined in the preceding extract from the Hazardous Materials Regulations are
three important terms; "person", "offeror", and "commerce" (See Appendix A
Definitions). The word shipper is frequently used by industry in place of the
word "offeror". For the purpose of this booklet only, the term shipper and "offeror"
are used interchangeably. These three words are important in that they define
when you are subject to the jurisdiction of the Department of Transportation.
Additionally, you may be subject to the requirements of other Federal and/or
State Laws.
FEDERAL GOVERNMENT AND GOVERNMENT CONTRACTORS
Most Federal Agencies including the Department of Defense are considered "offerors"
when they ship hazardous materials by commercial carriers. In those rare
instances where governmental agencies transport hazardous materials in commerce
on government vehicles/aircraft, the agency is also considered a carrier.
Contractors were made fully subject to all the requirements of the Federal
hazardous materials transportation law.
The Uniformed Services of the United States generally are not subject to the
commerce clause of the Constitution. Therefore, military shipments, transported
on military vehicles or aircraft are not subject to Federal jurisdiction.
However, many states require military movements by highway to conform to 49 CFR
or compatible state regulations. DOD and Service Regulations also require
compliance with 49 CFR Parts 100-180. When in peacetime, the military services
procure commercial transportation, (offering into commerce), the military is
engaged in commerce and required to comply with 49 CFR
HM REGISTRATION
"Persons" who offer for transportation, or transport in foreign, interstate or
intrastate commerce: (a) any highway route controlled quantity of a material;
(b) more than 25 kg (55 lbs.) of a Division , ; (c) more than 1 L per package of
a material extremely poisonous by inhalation; (d) a hazardous material in a bulk
packaging . for liquids or gases,; or (e) a shipment in other than bulk
packaging of more than one class of hazardous material for which the transport
vehicle requires placarding loaded at one location. The following are excepted
from the registration requirement:
(1) An agency of the Federal Government
(2) A State Agency
(3) An agency or political subdivision of a State
(4) An employee of (1)-(3)
(5) A hazmat employee (including an owner operator of a motor vehicle leased to
a registered motor carrier for 30 days or more.)
(6) A person domiciled outside the United States who offers HM solely from
outside the United States. (See 49 CFR 107.606(a)(6) for exceptions and
reciprocity)
Registration is required annually and includes a fee. For additional information
on the registration requirement,
you may call (202) 366-4109 or (617) 494-2545.
The Modal Agencies have established their own programs to prioritize their
inspection activities of transporters of hazardous materials. Research and
Special Program Administration, in addition to the Modal Agencies have selection
criteria for shippers; "offerors", that are similar i.e. (1) Investigation of
known shipper violations discovered during carrier audits, (2) Non-frivolous
written complaints alleging violations of the Federal Hazardous Materials
Regulations, (3) NRC and DOT 5800.1, spill and hazmat incident reports, (4)
Referrals from other governmental agencies and special investigations targeting
high risk hazardous materials such as explosives and certain radioactive
materials. In almost all instances these shipper inspections are unannounced.
In the event that inspection of your hazardous materials operations disclose
violations of the hazardous materials regulations,
you may be subject to civil and/or criminal penalties.
PENALTIES PER VIOLATION
CIVIL MINIMUM $250.00
MAXIMUM $27,500.00
CRIMINAL* INDIVIDUAL $250,000.00
CORPORATION $500,000.00 *************************************************
* (Levels of fine from 18 U.S.C. and includes provision for imprisonment for not
more than 5 years.)
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Although the Federal Government is exempt from the penalty provisions, (See
definition of "person" on page 26 of this H.O.) employees of the federal
government are not exempt under the HMTA.
HAZARDOUS MATERIALS SHIPPER RESPONSIBILITIES
DETERMINE WHETHER A MATERIAL MEETS THE DEFINITION OF A "HAZARDOUS MATERIAL"
PROPER SHIPPING NAME
CLASS/DIVISION
IDENTIFICATION NUMBER
HAZARD WARNING LABEL
PACKAGING
MARKING
EMPLOYEE TRAINING ********************************************
SHIPPING PAPERS *********************************************
EMERGENCY RESPONSE INFORMATION
24 HOUR EMERGENCY RESPONSE TELEPHONE NUMBER
CERTIFICATION *********************************************************
COMPATIBILITY
BLOCKING AND BRACING
PLACARDING
Department at (800) 424-8802. Incidents involving etiologic agents may be made
to the CDC at (800) 232-0124. For content of report and additional information,
please see §171.15.
A written report shall be submitted on DOT Form F 5800.1 for all incidents
involving the transportation of hazardous materials unless excepted. Detailed
reporting requirements are contained in §171.16.
THIS DOES NOT INCLUDE FURTHER MEASURES THAT THE EPA MAY HOLD IN VIOLATION...
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The EPA works with other federal agencies as well as state, local and tribal
authorities to investigate, apprehend and punish violators of environmental
regulations. The Agency also receives a great deal of assistance from citizens
who report suspected violations. Common violations for which the Agency seeks
punitive actions include the illegal dumping of toxic substances, the improper
import or labeling of pesticides and other chemicals, the failure to comply with
industrial emissions limitations and the improper transport and treatment of
waste. The punishment for violations can vary from reprimands to prison
sentences. In all cases, the main objective of apprehending and punishing
violators is to carry out the Agency's goal of protecting human health and the
environment.
It is illegal, unless you are trained, to pack, ship or otherwise transport
hazardous materials. Please see me if you have questions about sending chemicals
via air, ship or ground. This includes the return of unopened packages to the
original sender.
please be aware that it is illegal to ship, package hazardous materials to be
shipped, transport or complete a manifests without the proper training.
RECENT CASES
http://www.epa.gov/aljhomep/orders.htm
CONTACTS
Office Phone
Commander (718) 354-3779
Deputy Commander (718) 354-3780
_____________________________________________
AND
_____________________________________________
DOD
The Inspector General is the Honorable Joseph E. Schmitz
The military Inspector General in America has traditionally served as "an
extension of the eyes, ears, and conscience of the Commander." Pursuant to the
Inspector General Act of 1978, as amended, "the Inspector General of the
Department of Defense shall . . . be the principal adviser to the Secretary of
Defense for matters relating to the prevention of fraud, waste, and abuse in the
programs and operations of the Department." The law also requires the Inspector
General "to keep the [Secretary of Defense] and the Congress fully and currently
informed . . . concerning fraud and other serious problems, abuses, and
deficiencies . . . ." In carrying out all of the other statutory duties, the
Inspector General of the Department of Defense is obligated by law to "give
particular regard to the activities of the internal audit, inspection, and
investigative units of the military departments with a view towards avoiding
duplication and insuring effective coordination and cooperation".
Anyone, whether uniformed or civilian, who witnesses what he or she believes to
be a violation of ethical standards and/or the law, including but not limited to
fraud, waste, or abuse of authority, potential leaks of classified information,
or potential acts of terrorism, should report such conduct through the chain of
command or either directly to his or her respective service Inspector General or
directly to the Inspector General of the Department of Defense Hotline at
800-424-9098 (e-mail hotline@dodig.osd.mil).
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REGARDING CERTAIN ASPECTS OF DAILY OPERATIONS, INCLUDING MIL-STD-130 MARKING,
TEST, QUALITY CONTROL PRCEDURES FOR
ELECTRONICS, AND PROPER PRESERVATION AND PACKAGING DAILY TEST REQUIREMENTS,
A COPY WILL MOST LIKELY BE FORWARDED TO GARDEN CITY OFFICES.........
Garden City
Suite 101
400 Oak Street
Garden City, NY 11530-6551 Tel. (516) 794-8195
Fax (516) 794-1046 Nassau, Suffolk
Q: Must an employer pay employees for holidays, sick time and/or vacations?
A: Under the New York State Labor Law, payment for holidays, sick time or
vacation -- i.e. payment for time not actually worked - is not required unless
the employer has established a policy to grant such pay. When an employer does
decide to create a benefit policy, that employer is free to impose any
conditions they choose.
Fringe benefits may include reimbursement of expenses or tuition, health
coverage, and payment for sick time, vacation, personal leave, and holidays.
Q: What is the status of an employer's oral agreement to provide a particular
fringe benefit?
A: Section 195.5 of the Labor Law states:
Every employer shall notify his employees in writing or by publicly posting the
employer's policy on sick leave, vacation, personal leave, holidays and hours.
If an employer does not have a written policy, the oral policy (or past
practice) may be enforced -- if the terms of the policy can be confirmed through
an investigation. Moreover, violators of § 195.5 are subject to civil penalty.
Q: When an employee resigns -- or is discharged -- from a job, is the employer
required to pay the employee for any accrued, unused vacation time?
A: Whether an employer is obligated to pay for unused time depends upon the
terms of the vacation and/or resignation policy. New York courts have held [in
Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New
York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)]
that an agreement to furnish benefits or wage supplements, such as vacation, can
specify that employees forfeit accrued benefits under certain conditions. To be
valid, the employer must have notified employees, in writing, of the conditions
that nullify the benefit.
If an employee has earned vacation time -- and there is no written forfeit
policy, the employer must pay the employee for the accrued vacation.
Q: How can employees obtain assistance in collecting Wage Supplements (fringe
benefits) owed to them by their employer?
A: Employees can collect pay due to them by contacting their nearest Labor
Standards Office and filing a "Claim for Unpaid Wage Supplements."
To locate the most convenient Labor Standards District Office, go to:
http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm
Q: Is either the employer or the employee required to "give notice" of
termination?
A: Under the provisions of the Worker Adjustment and Retraining Notification Act
(WARN), a bill enacted by Congress in 1988, employers with 100 or more workers
must provide at least 60 days notice if a plant closing will affect 50 or more
of those employees. Moreover, where a mass layoff occurs that does not result
from a plant closing, notice is also required for any furlough of 50 or more
workers if they make up one-third of the workforce, or if a total of 500 or more
workers are laid off. For more information from the U.S. Department of Labor, go
to:
Q: What agency handles issues related to pensions and retirement funds, 401Ks,
health & welfare plans, continuation of health care coverage and severance?
A: The Pension and Welfare Benefits Administration of the U. S. Department of
Labor enforces the Employee Retirement Income Security Act (ERISA) and the
Consolidated Omnibus Budget Reconciliation Act (COBRA) which cover matters
involving pensions and retirement funds, 401Ks, health & welfare plans,
continuation of health care coverage and severance.
For more information, go to:
www.nysdhr.com
Q: Can an employee be fired without due cause?
A: Yes. New York State is an "employment-at-will," state. Without a contract
restricting termination (such as a collective bargaining agreement) an employer
has the right to discharge an employee at any time for any reason. This also
protects the employee's right to resign. An employer may fire an employee for
"no reason" - or even for a reason that might seem arbitrary and unfair -- and
the employee is equally free to quit at any time without being required to
explain or defend that decision.
There are a few exceptions to "employment-at-will." The most significant of
these are laws, enforced by the New York State Division of Human Rights, which
prohibit discrimination based upon race, creed, national origin, age, handicap,
gender or marital status. For additional information about how the New York
State Division of Human Rights proceeds against unlawful forms of
discrimination, go to:
www.nysdhr.com.
Other exceptions to the doctrine of "employment-at-will" exist under § 201-d and
§ 215 of the New York State Labor Law. Section 201-d prohibits an employer from
firing an employee for political or recreational activities outside of work, for
legal use of consumable products outside of work, or for membership in a union.
Section 215 prescribes that no employer shall penalize any employee for making a
complaint to the employer, to the Commissioner of Labor, or to the
Commissioner's representative, about any provision of the Labor Law. Violation
of § 215, can bring a civil fine and separate civil action by the employee. To
obtain the text of these statutes, go to:
http://assembly.state.ny.us/leg/?cl=54&a=9
Q: When is the last check due to a terminated employee?
A: When employment has been terminated, the employer must pay the wages by the
regular payday for the pay period worked. If requested, the employer must mail
the final wages to the employee.
Q: How can employees obtain assistance in collecting wages owed to them by their
employer?
A: Employers are required to pay their employees for all time actually worked.
Employees who are owed wages may obtain assistance in collecting the monies due
to them by contacting their nearest Labor Standards Office and filing a "Claim
for Unpaid Wages."
To locate your nearest Labor Standards District Office go to:
http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm
Q: What deductions can be made from an employee's wages?
A: Section 193 of the Labor Law states:
1. No employer shall make any deduction from the wages of an employee, except
deductions which:
a. are made in accordance with the provisions of any law or any rule or
regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the benefit
of the employee (such as payments for insurance premiums, pension or health and
welfare benefits, contributions to charitable organizations, payments for United
States bonds, payments for dues or assessments to a labor organization).
Employers may not deduct from wages the cost of breakage or spoilage of
materials; nor may employers make wage deductions in any indirect manner, such
as requiring a worker to pay for shortages by means of a separate transaction.
Q: How can employees obtain assistance in collecting monies unlawfully deducted
from their wages?
A: Employees who have had monies unlawfully withheld from their wages, or who
have been forced to reimburse their employer for cash shortages, breakage,
spoilage, may obtain assistance in collecting these sums by contacting their
nearest Labor Standards Office.
To locate the most convenient Labor Standards District Office go to:
http://www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/lsdists.htm
Q: What information must be maintained in an employer's payroll records?
A: Employers' payroll records must contain the following information regarding
their employees:
Name, address and social security number
Wage rate
The number of hours worked daily and weekly
The amount of gross wages, deductions from gross wages and net wages paid
Allowances claimed, if any, as part of the minimum wage
The time of arrival and departure of each employee working a split shift or
spread of more than ten hours
The number of units produced daily and weekly by piece-rate workers
Employers in "General Industry" are required to maintain these records for at
least six years, while agricultural employers must maintain them for no less
than three years.