
Nightingale
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Everything posted by Nightingale
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I know spectres have a reputation for soft openings and long snivels.
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Skydiving Legal Article Suggestions?
Nightingale replied to lawrocket's topic in General Skydiving Discussions
I got curious and found some interesting info... Lawrocket and Tspillers, what are your takes on this?? ~~~~~~~~~ While the ultimate classification is a matter of common law principles as to whether the worker is subject to the control and direction of another only as to the result of his work (an independent contractor) and not as to the means (an employee), the Internal Revenue Service has established factors it reviews to help determine the proper classification. The factors are: 1. Instructions to worker - A worker that is subject to instructions about when, where, and how to work is usually an employee. Hmm... skydive instructors fit here. they're definitely subject to when and how, and some DZs even put restrictions on not working for other DZs. 2. Training - An employee is more likely to be subject to training than an independent contractor. nope. skydivers get most of their certificates privately. but then again, so do college professors, and they're employees. 3. Integration into business operations - The greater the integration of a worker's services into the business, and thus the greater the business' control, tends to reflect an employment relationship. skydive schools would not exist without their instructors. sounds pretty integrated to me. 4. Requirement that services be personally performed - The greater the flexibility given the worker to designate who may perform services favors an independent contractor classification. skydive instructors must perform the work personally. they can't designate to someone else. 5. Hiring, supervising, and paying for a worker's assistants - If the business provides assistants to the worker, as opposed to the worker providing his or her own assistants, this may indicate that the worker is an employee. one could argue that the DZ provides assistants, at least to the tandem instructors, in the way of packers. 6. Continuity of the relationship - Continuing, "on call" or similar long-term relationships, even if part-time, support classification as an employee. most instructors are fairly permanent fixtures at the workplace. it isn't just a one time deal. 7. Setting the hours of work - An independent contractor usually sets his own work hours. I'm guessing the DZ has a set schedule of who shows up when?? otherwise, nobody may show. 8. Requirement of full-time work - Independent contractors, unlike employees, do not normally work full-time for one business and are free to work when and for whom they choose. most employees at the DZs I've been to work there full time. 9. Working on employer premises - If the business requires work to be performed at its offices, this indicates control over the worker (if the work could be done elsewhere). work has to be performed at the dropzone. 10. Setting the order or sequence of work - Independent contractors generally enjoy greater freedom to follow their own pattern of work routines and schedules. once at work, seems like the school office coordinates who jumps with who and when, not the instructor. 11. Requiring oral or written reports - Regularly required oral or written reports usually reflect an employee relationship. this could vary from DZ to DZ 12. Paying worker by hour, week, or month - Employees are normally paid hourly, weekly, or monthly, while independent contractors are usually paid by the job or on a straight commission basis. most get paid per jump 13. Payment of worker's business and/or traveling expenses - This factor reflects a business' effort to control its expenses through an employee. I don't think DZs pay transportation costs, but they do provide the plane, so this could be iffy. 14. Furnishing worker's tools and materials - Employees are normally provided necessary work tools and materials, independent contractors tend to furnish their own. However, it is more common for a trade worker who is an employee to use his own tools than for an office worker who is an employee to provide his own office equipment. Jumpmasters would probably be considered trade employees, and TMs, from what I've seen, tend to jump school owned rigs. 15. Significant investment by worker - Employees are normally provided the requisite facilities by their employer, while independent contractors usually invest in and maintain their own work facilities. facilities are provided by school/DZO 16. Working for more than one business at a time - Employees usually work for only one company, while independent contractors frequently work for more than one business. most instructors work at one DZ, some DZs require them to work exclusively 17. Firm's right to discharge worker - An employer exercises control over its employee through the threat of dismissal, while independent contractors normally cannot be dismissed so long as they meet their contractual obligations. DZs can definitely fire instructors 18. Worker's right to terminate relationship- Employees are usually entitled to quit at their leisure, while independent contractors generally must fulfill contractual obligations. as far as I can tell, instructors can quit when they like 19. Availability of worker's services to the general public - If the worker usually makes himself or herself available to the public to perform services, he or she is more likely an independent contractor. the instructors services are typically available to that DZ only. The penalties for mis-classification under tax and other laws are severe and may, in some cases, create personal liability for the individual that has established the employment relationship or was a responsible party for deducting and withholding payroll taxes. another interesting note: if an independent contractor is injured on the job in a state where he is not covered by workers' compensation, he would not be limited in the type of civil action he could file against the employer arising out of that injury. In states where independent contractors are covered by workers' compensation laws, the contractor is limited to the remedies provided under those laws. -
just donate them to goodwill. at least that way you're helping someone else out who may need them.
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we all do it. I usually just type "mistell, sorry" and we move on.
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Skydiving Legal Article Suggestions?
Nightingale replied to lawrocket's topic in General Skydiving Discussions
what is your policy if one of your employees becomes injured on the job through no fault of their own? -
What's the coldest temperature you've experienced?
Nightingale replied to lawrocket's topic in The Bonfire
-14 in Utah two weeks ago. -
Skydiving Legal Article Suggestions?
Nightingale replied to lawrocket's topic in General Skydiving Discussions
from what I've seen, the instructors at the DZs I've been to have pretty set schedules... seems like the DZ is setting their hours to me. -
Skydiving Legal Article Suggestions?
Nightingale replied to lawrocket's topic in General Skydiving Discussions
I'd really like to see an article on the IC thing. As far as I can tell, the DZs are using ICs to avoid paying benefits and health care to their employees, as well as potentially shield themselves from damages. What would happen if an employee challenged the employer, stating that they are really an employee instead of an IC, and should be classified as such? -
I hate seeing this crap, we all know the risk.
Nightingale replied to ChileRelleno's topic in The Bonfire
be careful... you're gonna get this thread locked. commenting about the case is cool, but personal challenges ain't. -
My exciting first hop n' pop story!
Nightingale replied to schattenjaeger's topic in General Skydiving Discussions
mine was a good, stable floating exit too, uneventful pull, aside from prop-wash enduced backloop... but I left on a red. oops. I won't make that mistake again. -
its very difficult for the average doctor to discriminate between the average teen saying "my parents going to kill me!" in that metaphorical dramatic way that teenagers have, and the abused victim of incest saying "my parents are going to kill me!" and really meaning it.
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my parents had a conversation with me when I started dating that went something like: "we don't want you to be having sex. You're too young to have to deal with the responsibilities and consequences that go along with it. Ideally, we would like you to wait til you're married. However, should you choose to go against this advice, and, at this point it is your choice, because we can't watch over you every second, please come to us so we can make sure you have the resources to stay relatively safe. And, should you get pregnant, please, come to us and tell us. Of course, we'll be upset at first, but after we calm down, we'll support you in whatever way we can and help you make the right decisions." Knowing that I COULD talk to my parents about stuff like that was probably a major factor influencing my decisions when I was a teenager. I did make the right choices at the time, because when I was confused, I knew I could go talk to mom. Hell, I STILL go talk to mom if I'm confused about something! She's a wonderful sounding board, and gives advice when asked, and doesn't judge me, whether or not I choose to take her advice. Ultimately, I feel it is the parents' responsibility to keep the lines of communication open. If the parents fail to do so, they have made their choice about whether they want to know what's going on in the lives of their children.
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no prob. I like the way my name is spelled, but honestly, its been so much of a hassle that I'm considering changing it!
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Abegail, Rachael, Ashleigh, etc.... Coming from someone who has a normal name with a strange spelling, PLEASE, spell it the way everyone else is going to spell it. She'll never be able to find her name on those cute personalized things kids like, and she'll spend her life sending important paperwork back, such as drivers' licenses and college degrees (yep, my name was misspelled on BOTH, and it was a ROYAL pain in the arse to get it fixed. Took six months with the drivers' license, and the college degree messed up my grad school applications because admissions insisted it wasn't the same person because the name was spelled differently!) because people THINK they know how to spell it. Please, seriously consider "Abigail, Rachel, and Ashley" I love the name Emily, but be aware, it was the most common name for a girl last year. She's going to go through school being called "Emily N." If you're cool with that, go for it.
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that seems perfectly fair to me, Lisa. Smoke if you want to smoke. When or if you quit is entirely up to you and has absolutely nothing to do with anyone other than yourself. My requests to smokers: Please don't stand right outside the doors to a building. I can't get in or out without walking through a cloud. I'm not asking you to walk a mile, just a few more feet. Please use ashtrays or trash cans. Cigarette butts all over the sidewalk are gross. Smoking is fine, but please respect litter laws. Please don't blow smoke right in my face deliberately after I've moved upwind to avoid breathing it. Its just rude. If someone is smoking near me, I am always the one to get up and move if I possibly can, because in this case, I'm the one with the issue, so I need to solve the issue myself. I don't say anything, I simply re arrange my position so I'm not breathing smoke. Please don't take offense at that. Please do not light up in my home or car. I am more than happy to pull over and let you out so you can have your smoke, and then we can continue on our way. My balcony at home is also available to anyone who chooses to smoke while they are visiting. Lighting up inside, however, isn't cool. It seems like this is such a volitile issue that people can't discuss it calmly and make compromises. Non-smokers, if you don't like the smoke, and you can move without too much hassle, just move. No need to be rude, fake coughing, or develop an attitude. Smokers, please recognize that smoke can legitimately bother people, so please try to avoid smoking in areas where people are not able to easily avoid you if they need to.
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Personally, I find the parental consent law to be a very grey area, for the simple reason that while parental consent for ANY surgical procedure should be required, abortion is such a sensitive issue that not every parent and child are able to discuss it. I'm honestly not sure how to feel about this law. I'm very uncomfortable with a child having a surgical procedure without the consent of a parent, but I'm also uncomfortable with the idea that obtaining that parental consent could put the child in an even more dangerous situation.
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I respect your right to smoke as long as you respect my right to not have to breathe your smoke.
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they might help. it depends on the situation. the ACLU doesn't object to licensing, registering and requiring certain training to own guns. The ACLU would object to banning them outright. even the NRA supports checks to keep guns out of the hands of felons.
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If you don't want to see someone else's actions/parade/whatnot, you always have the option to not attend/look away. Your right not to look is not infringed by their right to demonstrate. However, when your right not to look becomes the reason why they are not permitted to demonstrate, then, we have a problem. Sure, the American Nazi Party is NOT popular. Neither is the KKK. However, none of these political ideologies are against the law. You can't outlaw a way of thinking. You can outlaw actions, but not thought. It seems very cut and dry at first. Outlaw demonstrations by Nazis, the KKK, and other extremely deplorable people. Makes sense. They're so obviously wrong that there's no point in allowing them to demonstrate, right? BUT...if we prohibit the ANP from having a parade because their ideas are unpopular, where do we draw the line? Do we then prohibit the NRA from having a demonstration in a town with a high population of environmentalists? Their ideas would be unpopular with the locals, same situation as the Nazi parade... Where does it end? What it comes down to is this: Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble... As long as they're assembling peacefully and not violating any laws, you have to let them assemble, regardless of what view they happen to be espousing. When we start restricting freedom of speech and the right to public assemblage, we set a dangerous precedent. In conclusion, as much as I may hate someone's point of view, I completely support their right to talk about it, demonstrate about it, and believe it. I want those same rights when it comes to my own views.
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I've seen firsthand the ACLU defend the rights of Christian students on my high school campus. What I like about that organization is that they will stand up for ANYONE whose rights are being compromised, unrestricted by political ideology. The reason you don't see them advocate for many christian groups is that those groups typically have and use their own legal representation. There's simply no need for the ACLU to step in in many of those situations. From my observations, the ACLU tends to step in when either 1. an individual's rights are being compromised, OR 2. there is an opportunity to set legal precedent regarding certain constitutional rights. The latter is most probably the case with the Limbaugh incident.
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hmm... did you have your mouth open? if so, close it. otherwise, just buy yourself a nice set of CLEAR LENS goggles that fit you well. Most DZs do not allow students to wear full face helmets or colored lenses, because it makes it harder to see the student's eyes.
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well, here's my list. Bethany Casey Wendy Michaela Susanne Aisling (pronounced Ash-Lynn) Kari Kathryn Katerina (Kat or Kate or Katie for short) Shannon Brenna Briana Cara Catriona (Ca-TREE-ah-na) Cassidy Kassandra Dara Erin Kayley Kelly Kiley Mairin (Maureen) Molly Riley Rory Regan Rhiannon (nickname Annie) Seana (Shana) Shea Tara Taryn Sara Rhiannon
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remember, insurance companies usually won't cover canopies lost via cutaway. if its stolen, they cover it. if you "throw it away" from their perspective, it usually isn't covered. .....do with that info what you will....
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Quoth the raven "Eat my shorts!"