October 17, 2014

Wild Horses Running Wild

Wild horses pose a growing problem in the western states, federal land managers recently told the New York Times, claiming that the number of these horses is double what the land can support.
Federal law protects wild horses, and the federal Bureau of Land Management is responsible for controlling them. Each year, the bureau removes wild horses from the land and offers them for adoption. But the number of adopted horses never equals the number of those captured. Thus, nearly 50,000 horses are in storage, and the bureau does not have enough funds and space to round up and store any more, the article states. (Storing the horses in private feedlots and pastures costs the bureau approximately $50 million each year.)

But leaving the horses on the land without any population controls leaves little grass and water for other animals. 

Horse advocates, however, believe the wild horse population problem is overstated and worry that the overpopulation claim will encourage horse slaughter practices. The advocates believe the actual problem is land management, one that could be solved by expanding the horses’ territory to encompass more grazing land, the article states.

October 16, 2014

Vehicle Crash Avoidance Technology Reduces Insurance Claims

Advancements in vehicle crash avoidance technology are helping to reduce accidents, which in turn reduce insurance claims. As reported in Claims Journal, Adrian Lund, president of the Insurance Institute for Highway Safety, writes that fully driverless vehicles may be years away, but crash avoidance technology currently used in vehicles, such as automatic braking and forward collision warning systems, is already making a dent in insurance claims. “Institute research finds that automatic braking systems are reducing property damage liability claims by around 14 percent.” These systems are often offered as optional features, but Volvo makes its auto-brake system available as a standard feature.

According to Lund, insurers have started a $30 million project to expand the Institute’s vehicle research center facility in Virginia, which will allow researchers to more rigorously evaluate the newer technology.

The Institute’s Q&A discussion has more information.

New Report: Hunting Distance from Occupied Buildings

OLR Report 2014-R-0239 answers the questions: When did Connecticut adopt its ban on hunting within 500 feet of an occupied building, and was there any public comment about it? What do New York and the other New England states require for hunting distance from an occupied building?

Language about discharging hunting devices within certain distances from buildings entered Connecticut statute in 1955 (PA 535). The act authorized the State Board of Fisheries and Game to adopt hunting regulations that could, among other things, prohibit discharging firearms and other hunting devices within specified distances of buildings (CGS § 26-66).

The board adopted regulations on August 15, 1955 that prohibited hunting, discharging firearms, or carrying loaded firearms within 500 feet of a building (1) occupied by people or domestic animals or (2) used to store flammable or combustible material. They also prohibited discharging a firearm toward a person, building, or domestic animal when within range.

The hunting regulations were published in the Connecticut Law Journal on September 27, 1955. While they have been amended numerous times since 1955, they still contain the 500-foot requirement.

According to the legislative history of the 1955 act, there was no public comment about the hunting distance from buildings requirement. State agencies are the repository of records, including public comments, for proposed regulations from that era. The Legislative Library contacted the Department of Energy and Environmental Protection (DEEP) for historical records about the original regulations. Should DEEP provide any public comment related to the 1955 regulation, update the report will be updated.
New York and the other New England states each legislate hunting distance from occupied buildings, but in varying ways. In general, all but Vermont prohibit hunting within a specified distance from occupied buildings: Maine – 100 yards; Massachusetts – 500 feet; New Hampshire – 300 feet; New York – 500 feet (firearm), 250 feet (crossbow), or 150 feet (long bow); and Rhode Island – 500 feet. Vermont authorizes property owners to establish a 500-foot no hunting safety zone around occupied buildings.
For more information, read the full report.

Study Suggests Student Loan Debt is Depressing the Housing Market

The Los Angeles Times reports that an Irvine-based homebuilder advisory firm, John Burns Consulting, recently released a study that attempts to quantify the impact of student loan debt on the housing market.  The study, which examines the student debt of 20- to 40-year-olds, estimates that:
  • 5.9 million households under age 40 owe $250 or more in monthly student loan payments (which is three times the number of households compared to 2005),
  • 414,000 home sales will be lost this year due to high levels of student loan debt, and
  • these lost sales will result in an $83 billion dollar hit to the housing industry.
Although the firm prepared the study exclusively for its clients, a one-page graphic summary is available to the public.

The Times also examined other studies on this topic.  A Federal Reserve Bank of New York study, for example, found that people who never attended college are more likely to hold a mortgage and own a house than people who had attended.  Conversely, a May 2014 Brookings Institute report found that most people who carry student loan debt have low monthly payments, suggesting that student debt’s detrimental effect on the housing market is exaggerated.

October 15, 2014

And After “Show and Tell” We’ll Write Some Code…

Do you want to introduce your kindergartner to computer programming?  Now there is even an app for that, according to a recent article in the Washington Post.

In late July, researchers from the Massachusetts Institute of Technology (MIT), Tufts University, and Playful Invention Company released ScratchJr, a free iPad app designed to teach children age five to seven basic computer coding skills.  

MIT News described the process as follows:

“With ScratchJr, children can snap together graphical programming blocks to make characters and other elements in their project move, jump, talk and change size. Users can modify various elements in the paint editor, add their own voices and sounds, and even insert their own photos.”

Michael Resnick, the app’s co-developer further explained to the Post, “When many people think of computer programming, they think of something very sophisticated, but we don’t think it has to be that way.”

According to the Post, the app’s development was funded by a grant from the National Science Foundation to help encourage children’s creative thinking and systematic reasoning. Developers are currently working on compatible versions of the app for the Web and Android devices.

Supreme Court to Consider Case on Medicaid Provider Payments

Can private medical providers facing rising medical costs sue a state to raise Medicaid reimbursement rates? This is one of the questions the U.S. Supreme Court will hear during its upcoming session.

Last December, the 9th U.S. Circuit Court of Appeals ruled in favor of Idaho Medicaid providers, ordering the state to increase payments. According to Reuters, state officials recommended increases in reimbursement rates in the late 2000s, but the Idaho legislature declined to appropriate funds.

While federal law requires state Medicaid plans to include certain provisions concerning sufficient payments, it does not establish a right to enforce those payments. The question the question before the Supreme Court is whether Medicaid providers have a private right of action to enforce the sufficient payment provisions against a state.

The case is Armstrong v. Exceptional Child Center, Inc., and documents concerning the case are available at SCOTUSblog.

October 14, 2014

Become a Dad, Make More Money; Become a Mom, Make Less

If you’re a new dad, congratulations! You have many things to look forward to and making more money is one you might not have expected.  If you’re a new mom, well, you can expect to make less, according to a research study recently reported in the New York Times.

The research, which was conducted by University of Massachusetts, Amherst sociologist Michelle Budig, found that men who live with their children on average see their pay increase by 6%, while women with children on average see the pay drop 4% for each child they have. Budig based her study on the National Longitudinal Survey of Youth from 1979-2006.

“The gap persisted even after Ms. Budig controlled for factors like experience, education, hours worked, and spouse’s income,” the Times reported. She attributed a small part of the difference, 16%, to the fact that fathers work more after the birth of a child while mothers often cut back on their hours.

A separate study found that male job applicants with children stood a better chance of being called for an interview. Stanford University sociology professor Shelly J. Correll conducted the study, sending fake resumes to employers. The resumes were mostly identical except some mentioned membership in a parent-teacher association. Correll found that fathers were a bit more likely to be called for an interview than childless men were, while mothers were half as likely to be called as childless women. “A lot of these effects really are very much due to a cultural bias against mothers,” Correll told the NYT.

New Report: Funding for Minor Party Candidates under the Citizens’ Election Program

OLR Report 2014-R-0231 answers the question: How do minor party candidates become eligible to receive funding under the Citizens’ Election Program (CEP)?

Like major party candidates, minor party candidates qualify for CEP funding by, among other things, raising a specified amount of qualifying contributions (QCs). However, minor party candidates must additionally demonstrate support through either (1) the party’s performance in the last regular election or (2) submitting a petition with a specified number of signatures.

A minor party candidate is eligible for a grant if the party’s candidate for the same office in the same district at the last regular election received at least 10% of the votes cast for that office (i.e., met a “10% threshold”). In this case, the candidate receives a general election grant equal to one-third of the full grant amount for major party candidates running for the same office. A minor party candidate who is not eligible based on the party’s performance in the last election may, as an alternative, use the petition procedure. He or she can meet the 10% threshold and receive a one-third grant by obtaining a required number of signatures. In both instances, the candidate can receive a two-thirds grant or a full grant by meeting a 15% threshold or 20% threshold, respectively (CGS § 9-705) (State Elections Enforcement Commission (SEEC) Declaratory Ruling 2008-01).

A minor party candidate who receives less than a full grant has the option of raising and spending additional contributions, called “differential contributions,” up to the full grant amount, provided they meet the criteria for QCs (e.g., they must be between $5 and $100 and cannot come from state contractors) (CGS § 9-702(c)). One who reports a deficit in post-election disclosure statements may also be eligible to receive supplemental grant money if he or she received a greater percentage of the votes cast for all candidates for the office than the percentage of votes or signatures he or she used to become eligible for the grant (CGS § 9-705).
For more information, read the full report.

CT Supreme Court Rules on Pawnbroker Repurchase Agreements

The Connecticut Supreme Court recently ruled that pawnbroker repurchase agreements—also known as “buy-back loans”—are governed by the usury statute, thus limiting the interest rate on these loans to 12% per year. In a repurchase agreement, a customer sells his or her property to the pawnbroker, who holds onto the items for a set time and then sells them back to the customer at the agreed sales price plus interest.

The Connecticut Association of Pawnbrokers’ president Jay Sargent told the Connecticut Post that the decision “shouldn’t have that big an effect” because most of the association’s members do not use repurchase agreements. The association represents about 30% of the state’s 140 pawnbrokers.
But Sargent added that the ruling could cause some pawnshops to close. For example, one pawnbroker told the Post that repurchase agreements account for 20% of his business and that he may have to close his shop after being in business for over 20 years.

October 13, 2014

OODA Loops and Economic Development


Source: frjohnpeck.com
OODA Loops? Is this some new breakfast cereal? Not exactly…

Source:  U.S. Government
via Wikimedia Commons
The OODA Loop is a concept business people and basketball coaches borrowed from the military to show how to get an edge on a competitor. It was developed by the late U.S. Air Force Colonel John R. Boyd in 1974 to explain how a fighter pilot can confuse an opponent and gain the upper hand by accelerating the combat faster than the opponent can see what’s happening (observe), size up the problem (orientation), decide what to do, and act accordingly.  

In his biography of Boyd, Robert Coram explained, “The advantage gained from the fast transient [i.e., rapid change] suggests that to win in battle a pilot needs to operate at a faster tempo than his enemy. It suggests he must stay one or two steps ahead of his adversary; he must operate inside his adversary’s time scale.”

Okay…I can see how this works in sports, especially in basketball when a team surprises its opponent by executing a fast break. I can even see how it works in business, as when Netflix snuck up on Blockbuster and stole its market share. But I’m still not sure how the OODA loop relates to economic development.
 
The OODA loop works in any situation where time and competition intersect. States compete for economic development by dangling incentives to businesses in other states. The states on the opposite side of these economic development fast breaks scramble to come up with their own incentive packages to discourage the targeted business from relocating. 
 
The OODA loop suggests at least two things for economic development policy makers. First, identify your strengths and weaknesses and determine who can exploit them and how. Second, identify other states’ strengths and weaknesses and determine if your state has a competitive edge.
 
Source: radio-weblogs.com
But maybe there’s more to the interstate competition for economic development. Maybe the competition is being driven by technological change as well as state incentive packages. These changes, especially those in telecommunications and information technology, allow many types of businesses to operate anywhere in the world. If that’s the case, then state incentives may tip the balance, making the difference between a choice of several viable locations.  
A final word: Borrowing an idea or tool developed to explain aerial combat and using it to understand economic development is an example of exaptation, a concept Steve Johnson discussed in his book, Where Good Ideas Come From: That Natural History of Innovation. As Johnson explained, Guttenberg got the idea for the printing press after seeing how the screw press was used to squeeze grapes for wine.

Mindtools.com has more information on OODA Loops.



A detailed depiection of an OODA Loop.

Source: Patrick Edwin Moran

Teachers to Live in Public Housing in Exchange for Participating in Afterschool Programs

Four New Haven teachers may be allowed to live rent-free in subsidized housing units in exchange for participating in afterschool programs, including tutoring, homework help, and community events, the New Haven Independent reports.  This “teacher in residence program” is also designed to give these teachers more time to mentor at-risk youth and interact with parents outside the classroom. The resident teachers would have to pay only utility costs.

The teachers can move into the units if the federal Department of Housing and Urban Development (HUD) approves a change to the Housing Authority of New Haven’s (HANH) current “moving to work” plan, a HUD-funded initiative aimed at improving low-income families’ lives. HANH budgeted about $25,000 to house the teachers.

October 10, 2014

Are GIS-Crime Mapping Systems Effective in Fighting Crime?

Many larger police departments have computer systems designed to track crime in near real-time. These geographic information systems (GIS) can be used to aid in making decisions about where to deploy police officers based on where crimes are predicted to occur based on where and when crimes previously occurred.

But do these systems reduce crime rates?

The short answer is: no one really knows. A new study (subscription required for access to full study) released by researchers at Sam Houston State University found that “no empirical work links GIS to police deployment effectiveness.”

“There is a near total lack of independent evaluations of GIS effect in police organizations,” said professor and study co-author Yan Zhang in a press release. “Since GIS represents a significant element of both strategic and tactical decision making for law enforcement agencies, purposeful, focused and relevant evaluations would contribute to maximizing GIS efficacy.”

Seniors and Technology Use

“[Technology] adoption is increasing, but many seniors remain isolated from digital life,” according to a 2014 Pew Research Center Study of just over 6,000 adults age 18 or older on their use of technology.

Among the study’s major findings:
  1. 59% of seniors (age 65 and older) report they go online—a 6% increase in the course of a year. In addition, 77% have a cell phone, up from 69% over the same period. This means 41% of seniors still do not use the internet and 23% do not have cell phones.
  2. Rate of internet use by younger, higher-income, and more highly educated seniors approaches—or even exceeds—use by the general population; internet use drop off dramatically around age 75.
  3. Older adults face several difficulties to adopting new technology, including physical challenges, skeptical attitudes about the benefits, and learning difficulties.
  4. Once seniors start going online, it often becomes an integral part of their lives.

October 9, 2014

Profiling Connecticut’s Towns

Curious how your town got its start?  ConnecticutHistory.org, a project of Connecticut Humanities (the state affiliate of the National Endowment for the Humanities), profiles each of Connecticut’s 169 towns, providing information on their founding, early economy, notable residents, and tourist attractions.  Each town profile includes citations to further information on the town’s history and attractions.

You can also study historical town maps by browsing the UConn Map and Geographic Information Center’s (MAGIC) Historical Map Collection.
Source: MAGIC collection

New Report: Nitrogen Removal Initiatives

OLR Report 2014-R-0234 answer the questions: What are the primary sources of nitrogen in Long Island Sound (“the Sound”)?  What steps is Connecticut taking to reduce the amount of nitrogen entering the Sound?  Is the state collaborating with New York or Rhode Island on nitrogen reduction efforts?

Nitrogen in the Sound comes from many natural and human sources. The primary human sources are wastewater treatment plants. Other human sources include urban and agricultural runoff and atmospheric deposition. Excess nitrogen causes reduced oxygen levels, which negatively affect aquatic life.

Connecticut is engaged in many initiatives to reduce the amount of nitrogen entering the Sound, several in collaboration with New York.

Connecticut and New York participate in the Long Island Sound Study (LISS), a bi-state partnership with the federal Environmental Protection Agency (EPA), which investigates water quality in the Sound. In 1994, LISS developed a conservation and management plan to protect and improve water quality. The plan identifies hypoxia as a priority concern. LISS is currently updating the plan.
LISS also helped Connecticut and New York develop a goal of reducing the nitrogen from human sources in the Sound by 58.5% by 2014. The goal was included in a federally-approved Total Maximum Daily Load (TMDL) agreement between the states to reduce nitrogen in the Sound.

According to the Department of Energy and Environmental Protection (DEEP), Connecticut complied with the TMDL goal in 2013. It met the goal by (1) requiring wastewater treatment plants to operate under general permits that gradually reduce the nitrogen discharged and (2) operating a nitrogen credit exchange program.

Connecticut’s other nitrogen reduction efforts include (1) collaborating with the Sound’s upper watershed states, (2) designating the Sound as a “No Discharge Area” for vessel sewage, and (3) operating programs to control nonpoint source pollution (e.g., runoff).

According to DEEP, Connecticut and Rhode Island do not similarly collaborate on nitrogen reduction in the Sound, since Rhode Island has little effect on the Sound’s water quality. (Hypoxia is a condition occurring primarily in the Sound’s western half.)
For more information, read the full report.

Hospitals Reduce Costs By Encouraging Standardized Care

According to a recent Wall Street Journal (WSJ) article (subscription required), some hospitals across the country are attempting to reduce costs by standardizing care. They do this by encouraging physicians to follow national, evidenced-based guidelines on how to best treat different diseases. The article notes that while professional medical organizations, such as the American Hospital Association (AHA), publish such guidelines, doctors often deviate from them because of personal preference, fear of patient lawsuits, or institutional customs, among other things. This may result in overuse of certain tests and procedures.

The article highlights Delaware’s Christiana Care Health System, which changed its computer system to encourage doctors to follow AHA guidelines for using cardiac monitors for non-ICU (intensive care) patients. It did so by removing the option to order monitoring for conditions that were not AHA-approved, which required physicians to complete an extra step if they still wished to order the monitoring for non-approved conditions. In addition, for AHA-approved conditions, the computer system attached a fixed, recommended time period to complete the monitoring. If a patient remained in the hospital after the time period elapsed, nurses were required to stop the monitoring, unless it was believed to be unsafe. 

A study published in JAMA Internal Medicine found that the number of non-ICU patients using the monitors and the hospital group’s daily monitoring costs decreased 70% without any negative effects on patient care.

The WSJ article notes that the movement towards standardized patient care is challenged by many physicians who (1) want additional evidence to support this movement or (2) believe that they should not consider cost as a primary factor when providing patient care.

October 8, 2014

NHTSA Launches New Tool and Campaign to Increase Car Seat Safety

Source: NHTSA
The National Highway Traffic Safety Administration (NHTSA) launched its new “Car Seat Finder” tool during Child Passenger Safety Week. The tool prompts parents and caregivers to enter a child’s birthdate, weight, and height and, based on their inputs, produces a list of car seats that are appropriate for the child. It then allows users to compare car seats on several factors, including acceptable weight and height ranges of the child, weight of the car seat, and ease of use. Users can also limit their search to car seats with certain features, such as all-in-one car seats. The tool is included on NHTSA’s Parents Central, which also provides how-to information on car seat installation and helps parents find car seat inspection stations.

In addition to the tool, NHSTA launched their “Don’t Delay. Register Your Car Seat Today” campaign, which encourages parents and caregivers to register car seats with the manufacturer so they can be quickly informed of any recalls.

Affordable Housing Linked to Smarter Kids

According to Governing, Johns Hopkins University released a study recently linking affordable housing to children’s school performance.  The study focused on families at or below 200% of the poverty level.  It showed that children in families spending roughly 30% of their income on housing performed better in math and reading than those in families spending much more or much less (i.e., more than 50% or less than 20% of their income). 

Professor Sandra Newman of the university’s Center on Housing, Neighborhoods and Communities co-authored the report.  According to Newman, the findings indicate that families that spend too much of their income on housing, ultimately spend less on things that contribute to educational achievement (e.g., books and computers).  Families that spend too little on housing are more likely to live in low-quality housing and distressed neighborhoods—factors that also have a detrimental effect on learning. But when families move from spending too much or too little on housing to around 30%, they tend to invest an average of $98 and $170 more, respectively, on child enrichment.  And according to the study’s press release, even a small increase makes a difference.

October 7, 2014

Complex Link Between Rising Imprisonment and Decrease in Crime Rate

According to the Pew Charitable Trusts, the crime rate nationwide dropped by 40% from 1994 to 2012, while the imprisonment rate increased by 24% during that same period. Connecticut’s crime rate decreased by 47%, while its imprisonment rate increased by 5%.

The two states with the largest reductions in crime rate (54%) were New York and Florida. New York’s imprisonment rate declined by 24%, while Florida’s increased by 31%. 

Another Pew document summarizes several factors that experts see as contributing to the nation’s decreasing crime rate. Increased incarceration is one factor.  Some others include:
  • better policing (including improvements in law enforcement strategies and improved access to data);
  • decreasing demand for crack cocaine; and
  • the aging of the population (seniors commit fewer crimes than younger people).
Pew’s website also has the transcript of an interview with nine scholars discussing the link between imprisonment and crime, as well as various other factors that may contribute to declining crime rates.

Nonprofit Hospital Conversion Laws in Other States

OLR Report 2014-R-0229 describes other states’ laws regarding hospital conversions from nonprofit to for-profit entities.

Like Connecticut, several states have laws requiring nonprofit hospitals to apply for approval before the hospital can be sold to a for-profit entity or otherwise convert to for-profit status. In general, these laws set out procedural requirements and timelines for the review process, as well as the criteria that the regulating entity must consider when reviewing the application. The attorney general (AG) is typically charged with reviewing the transaction; in some states, the health department or a similar state agency also must do so. Some states require court approval.

Even in those states without laws specifically addressing nonprofit hospital conversions, the AG typically has oversight over these transactions as part of his or her general authority over charitable organizations and nonprofit institutions. Thus, even if the law does not require prior approval of the transaction, the AG may require notice of the transaction or challenge it under certain circumstances (e.g., under the theory that the nonprofit hospital board breached its fiduciary duty).

In the report, we summarize common features of state laws that specifically address nonprofit hospital conversions. We then provide more detailed information for a sample of state laws on certain aspects of the process.

In some states, hospital sales also require approval under certificate of need (CON) laws. The report does not include information on such laws. For an overview of state CON requirements, see the National Conference of State Legislatures’ website.
For more information, read the full report.

Minimum Wage at the Ballot Box this November

The National Council of State Legislature (NCSL) reports that five states will have minimum wage measures on the ballot this November. Four states, Alaska, Arkansas, Nebraska and South Dakota have citizen initiatives that would amend state statutes to raise the minimum wage. In the other state, Illinois, the legislature has placed an advisory question on the ballot asking voters if they support increasing the minimum wage to $10 by January 1, 2015.

The following are the details NCSL provides on the four binding ballot questions:


State
Question
Alaska
Proposes a two-step increase to the state’s minimum wage, currently $7.75, to:
v  $8.75 effective Jan. 1, 2015, and
v  $9.75 effective Jan. 1, 2016.
Arkansas
Proposes a three-step increase to the state’s minimum wage, currently $6.25, to:
v  $7.50 effective Jan. 1, 2015,
v  $8 effective Jan. 1, 2016, and
v  $8.50 effective Jan. 1, 2017.
Nebraska
Proposes a two-step increase in the state’s minimum wage, which is currently $7.25, to:
v  $8 effective Jan. 1, 2015 and
v  $9 effective Jan. 1, 2016.
South Dakota
Proposes an increase in the state’s minimum wage, which is currently $7.25, to $8.50 effective Jan. 1, 2015, and provides for automatic annual increases in subsequent years, based on inflation.

October 6, 2014

Mobile Bank Deposits

Advances in technology continue to affect the way we conduct banking transactions. For instance, we now have the ability to deposit a check through the use of our cell phones.  In a nutshell, a consumer uses the mobile banking application on his or her smart phone to take a picture of the front and back of the check and then, following a few simple prompts, deposits it into his or her bank account.  ConsumerReports.org recently reported on this phenomenon, highlighting some of the things consumers should keep in mind.

According to the article, which cites a recent Federal Reserve survey, over 75 million U.S. consumers use their smart phones for mobile banking. Of those consumers, only 38% have tried mobile depositing in the past year. One of the advantages that the article highlights is the fact that mobile depositing saves consumers time and hassle, since they do not have to travel to the bank or wait in line. However, not all banks offer the service.

The article points to a few potential disadvantages to mobile depositing, such as:
  1. delayed funds availability, depending on bank policy or account agreement;
  2. remote-deposit fees (this is uncommon); and
  3. returned-deposit fees, if a check is inadvertently deposited twice.
The federal Expedited Funds Availability Act (12 USC § 4001, et. seq.) and its implementing regulation (12 CFR § 229) address the issue of whether financial institutions are allowed to place a hold on the availability of funds when a consumer deposits a check.  Under the act, the general rule is that a depository institution must make funds deposited in an account by check available for withdrawal by the following business day.  The article points out that these regulations were written before the advent of mobile banking and this presents potential loopholes.

Did You Know About These Labor Laws?

The Connecticut Labor & Employment Law Journal recently completed a six-part series of blog postings on state employment laws that employers might be violating without even knowing it.  Among the many laws highlighted are those requiring employers to:
  1. pay employees on a weekly basis unless they receive permission from the labor commissioner;
  2. advise employees, at their time of hiring, on the rate and schedule of wage payments and hours of employment;
  3. get written authorization from employees before making certain payroll deductions;
  4. state on any disciplinary documentation, termination notice, or performance evaluation the employee’s right to submit a disagreeing written statement;
  5. publish or publicly display a privacy protection policy on collecting Social Security numbers that (a) protects the numbers’ confidentiality, (b) prohibits their unlawful disclosure, and (c) limits access to them; and
  6. give prior notice to employees if their activities will be electronically monitored, including logging Internet activity, surveillance cameras in non-public areas, and telephones that log or record calls.
Curated by attorneys at Berchem, Moses & Devlin, P.C., the Connecticut Labor & Employment Law Journal is a labor and employment law blog for employers, personnel managers, and labor relations directors.

October 3, 2014

Coming Soon: Radar Detection for Seniors

The growth in the senior population is increasing the need for affordable technology to monitor for emergencies such as falls, which are the most common injury-related cause of hospital admissions for the elderly. As reported in The Atlantic, a researcher from Villanova University is looking at the use of radar technology to identify when people fall in their homes. The device, which is intended to work through walls, emits and receives frequencies depending on the motion of a person’s body.

According to the researcher, Dr. Moeness Amin, radar monitoring is an appealing alternative to cameras, which can be seen as invasive, and wearable devices, such as alert bracelets, which some people may forget and others find uncomfortable.

According to the article, “at the most basic level, the radar will detect movement and classify the frequencies it receives in one of two ways: fall or no fall.”  The system “will also localize the fall. It will say that the person fell in the living room.” It can send an alert to a “family member’s cell phone or LED display in someone else’s home.”

Study Shows That Pathological Gambling Runs in the Family

A recent study from the University of Iowa found that relatives of a pathological gambler had an 11% chance of being pathological gamblers themselves. When researchers looked at the relatives of the control group of nongamblers, they found those relatives had just a 1% chance of being pathological gamblers.

The researchers called the study the largest of its kind to date. They examined 95 pathological gamblers and 91 nongamblers as well as 1,075 first-degree relatives (parents, children, and siblings) to find their results. When the researchers expanded the search from pathological gambling (serious enough to become a clinical issue) to problem gambling, the pathological gamblers’ relatives had a 16% chance of being problem gamblers themselves, compared to 3% for the nongamblers’ relatives.

They also examined the potential links to other conditions. In the relatives of the pathological gamblers, independent of whether the relatives were pathological gamblers themselves, there were increased incidences of antisocial personality, social anxiety disorder, and posttraumatic stress disorder (PTSD).

October 2, 2014

Who Runs for Office?

About 2% of Americans have run for federal, state, or local office in their lifetime, according to the Pew Research Center.  As part of its 2014 survey on political polarization, the center asked over 3,000 respondents if they had ever run for elected office.  Using survey data, the center’s Fact Tank compared American candidates with the general public.  Among other things, the data show that:
  1. candidates tend to be white, well-educated men;
  2. women account for only 25% of those who have run for office, though they make up roughly half of the country’s adult population;
  3. non-Hispanic whites make up 66% of American adults, but 82% of those who have run for office; and
  4. 35% of those who have run for office made a political contribution in the last two years, compared with only 15% of American adults.  
The Pew Research Center created the figure below, which compares the percent of the general public with people who have ever run for public office in terms of race, gender, and education level.

New Report: Service of Civil Restraining Orders in Certain States

OLR Report 2014-R-0243 summarizes the laws that govern the service of civil restraining orders in New England, New Jersey, and New York. The specific issues are:
  1. who is authorized to serve an order and is service required within a certain timeframe,
  2. what are the acceptable forms and methods of service,
  3. is service tracked or monitored,
  4. who funds the fees paid to agents who serve orders, and
  5. whether law enforcement and the applicant are notified of (a) service and (b) issued or vacated orders?
Restraining orders are typically issued in domestic disputes to prohibit one party (the respondent) from contact with another (the applicant) or from interfering with a child custody or visitation court order. Courts grant these orders after a hearing but sometimes do so ex parte (i.e., without a hearing) when the applicant is in imminent danger. Notice of the ex parte order or hearing must be delivered to the respondent within a specified timeframe, which is called service of process.

In a majority of the eight states, law enforcement agents are the agents authorized to serve process. Also, in most of these states, process must be served in person and a copy of the notice is generally an acceptable form. The New Jersey, New York, and Rhode Island statutes specify acceptable alternative methods and forms of service, such as mailing the notice to the respondent or publishing it in a newspaper. The time allowed to serve process varies from “immediately” to a specified amount of time before a hearing on the application, such as five days.

At least five of these states (Connecticut, New Hampshire, New Jersey, New York, and Vermont) statutorily require use of a computerized registry or database to track restraining orders. Only Connecticut’s statute specifies who funds the service of process fees (the Judicial Branch). In most of the states, the court is required to notify applicants of orders issued, but Rhode Island is the only state that requires the authorized agent to notify the applicant of return of service. Connecticut is the only state that requires the court to notify the school, college, or university the victim attends if he or she requests it. New York allows the clerk to file a copy of the order with the sheriff’s office or police department in the county or city where the victim attends school.
For more information, read the full report.

Gen X Income and Wealth Compared to Their Parents

A recent study from the Pew Charitable Trusts finds that members of Generation X have more income but also more debt than their parents did at a comparable age.  The report defines Generation X as those born between 1965 and 1980. 

According to the report, three-quarters of people in Generation X have higher incomes now that they are in their 30s and 40s than their parents did at comparable ages, but only 36% have more wealth.  The report attributes the decline in wealth in part to higher debt, with nearly all members of Generation X reporting student loans or medical, credit card, or other debt.  The median Gen-Xer has $7,000 in debt while their parents had just over $1,000 in debt at a similar age. (All dollar amounts in the report are adjusted for inflation.)

October 1, 2014

More Poetry Will be Available on Your E-reader

Because of electronic books’ (e-books) rising popularity, publishers are producing fewer hard copy texts. The transition to digitally publishing poetry, however, has been slower.

According to a recent article in the New York Times (NYT), this is primarily because poetry often involves special formatting for line breaks and stanzas which is difficult to recreate on digital readers. But new technology makes digitally publishing poetry more feasible. Some publishers now have programmers to hand-code poetry e-books. Others use PDFs or static files to maintain the poems’ appearance.

Another reason the transition to digital poetry has been slower than for other written works is that publishers question whether there is as big a demand. Thus, the cost of producing digital poems may outweigh the demand for the product. But the NYT article explains that poetry publishers admit they must produce digital poetry, despite the cost.

Preparing the Grid for Another Cold Winter

For the second year in a row, the Federal Energy Regulatory Commission (FERC) granted permission to the Independent System Operator-New England (ISO-NE) to implement a Winter Reliability Program to help get the grid ready for winter. Among other things, the agreement allows ISO-NE to take measures to encourage electricity generators in the region to temporarily keep more oil supplies on hand.

ISO-NE identified several factors suggesting reliability might be an issue for the electric grid in New England during a cold winter:
  1. Severe pipeline constraints – The pipelines that carry natural gas into the New England region struggle to keep up with increased demand, as more customers rely on natural gas for heat as well as power.
  2. Difficulty replenishing oil inventories – Last year, gas prices rose because of these supply constraints. When gas became more expensive than oil, the region relied on oil generators more frequently, which resulted in depleted oil inventories.
  3. Generator retirements – ISO-NE expects two large, non-gas-powered generators to retire before this winter, which may exacerbate difficulties caused by the reliance on natural gas and oil.
According to ISO-NE, last year’s agreement proved to be critical in keeping the lights on throughout a particularly cold winter season. For more information on ISO-NE, see OLR Report 2010-R-0387.