Is Unbundling Is Ethical

Wednesday, April 13, 2022 4:43:56 PM

Is Unbundling Is Ethical



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Neither members nor non-members may reproduce such samples in any other way e. Industry analyst Josh Bersin wrote in a recent article that HR software continues to be "white-hot," in part because companies operating in "talent-constrained environments" seek to invest in tools to help them better recruit, develop and support their workforces. Yet despite that promising outlook, there are growing concerns about the expanding use of technologies like artificial intelligence AI , the dearth of data analysis skills needed in HR to interpret information generated by new technologies, and the stubborn lack of functionality in some talent management platforms.

Here are six trends and developments that experts interviewed by SHRM Online expect to see in HR technology as we turn the calendar to HR functions have increasingly adopted technology platforms that include both employee self-service ESS and manager self-service MSS tools to make HR information more accessible. But some experts believe HR will begin to reconsider use of those tools in light of recent data and experiences showing pushback from line managers.

Stacey Harris, vice president of research and analytics for Sierra-Cedar, said line managers can feel burdened when responsibilities shift from HR to them. Harris knows of one company that stopped using MSS tools after studying the issue for a year. The organization decided to shelve the MSS tools and instead open a shared-services center where HR administrators provide services to line managers. Leah Johnson, vice president of advisory at research and consulting firm Gartner, said organizations would be wise to also rethink their use of ESS tools in areas like learning and development in But there is too broad a range of quality in those menus, and the number of choices can sometimes seem overwhelming to employees.

Organizations should better curate their learning options and provide more guidance on how specific courses or experiences help employees advance along career paths, Johnson said. HR will continue to deploy technologies with embedded AI and machine learning as those tools mature and pass more real-world tests. But experts have varied opinions on the pace of that growth and how AI will expand beyond its current uses within HR. Harris believes that in the next 10 years, up to 50 percent of organizations will have HR technology that provides daily recommendations and workforce insights based on AI and machine learning. While AI is regularly used today in recruiting, HR service delivery, and learning and development, Harris sees a broader adoption timeline, in which AI expands into new areas of HR and is used as a common practice, unfolding as HR cloud technologies did, which took about a decade for mass adoption.

We've also seen some recent lawsuits regarding potential bias in the use of AI. In November, for example, the Electronic Privacy Information Center EPIC asked the Federal Trade Commission to investigate recruiting technology vendor HireVue, based on claims that the technology the vendor uses to scan and evaluate candidate faces and voices as part of hiring decisions may discriminate against certain segments of workers. Other experts believe the continuing talent shortage will force recruiters to grow ever more creative in using the latest sourcing technologies and tools to find in-demand talent.

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A child's receipt of welfare will trigger a child support lawsuit brought by DCSS against the non-custodial parent. DCSS has special enforcement collection powers to collect child support. DCSS can intercept take a non-paying parent's state and federal tax refunds. If a child is not in the custody of either parent and the child receives welfare, DCSS will sue each parent in order to obtain a child support order. This happens when a child is in a group home, foster care, or living with a relative or other caretaker and receiving welfare. If the parents do not live together, they will be sued separately by DCSS and their child support obligation will be determined independent of the other parent's ability to pay child support as calculated under the guideline.

Child support cannot be modified changed for periods of time in the past after an order has been made but before a "paying" or non-custodial parent makes a court request to reduce the amount of support, or before the "receiving" or custodial parent makes a court request to increase the amount of support. In other words, the court-ordered child support figure continues in effect until the court later modifies it and makes a new order. Usually, the earliest effective date for a modification is the date a parent files or serves a motion a request for a court order requesting a modification.

A parent who feels the need to have the child support order modified because of a change in circumstances since the last order was made needs to file a modification request in a timely manner. Under California law, child support is modifiable any time a parent can show the court that a material change in circumstances has occurred since the last order was made. If a parent believes there is such a change in circumstances, that parent needs to bring the new information to the court's attention right away by filing a motion for modification in order to obtain a new order that takes effect right away. Interest at the legal rate currently 10 per cent per year is owed on all unpaid child support called back support, or "arrears". The interest does not compound, meaning interest does not build up on the interest, but it accrues on the principal amount owed only the child support amount ordered.

Left unpaid, the amount of support arrears owed over time grows to sometimes astronomical numbers once the interest is added on. California law gives judicial officers no power to waive or adjust arrears that have accrued, or the interest that has accrued on those arrears. A California support obligation ends, normally, when the child turns If the child is 18 but still residing at home, still attending high school full-time and still not self-supporting, then the child support obligation ends when the child graduates high school or turns 19, whichever comes first.

The court may extend the duration of child support if an adult child is disabled. Parents can agree on their own to extend the duration of a child support order. Any arrears continue to be owed until paid in full, regardless of the child's age. Arrears mean that there was a valid court order that support be paid, but the parent ordered to pay support did not pay some or all of the support while the obligation continued. California law requires both parents to provide health insurance coverage for their child if such coverage is available at no cost or at reasonable cost.

What is a "reasonable" cost is different from case to case. Both parents are also required to share a child's uninsured health care expenses out-of-pocket or unreimbursed expenses such as co-payments equally if an order is in place that requires parents to share such expenses. Make sure you request this order from the court so it applies in your case. Spouses can request that the court make a spousal support order as part of a divorce or separation case. Spousal support is a discretionary order, meaning the court has great freedom in determining what amount of support, if any, should be paid in a particular case, and for how long spousal support should be paid. At the "temporary" stage of a case, meaning from the time the divorce or separation case is filed up until the time a final Judgment is entered, the court often uses the support guideline see above discussion on child support for guideline factors to determine what amount of spousal support should be paid.

The court is not required to order the guideline amount. The guideline amount is based on each spouse's income, tax filing status, and certain allowed deductions such as health insurance and union dues. At the "permanent" stage of a case, meaning after a final Judgment of separation or divorce has been entered, the court must consider certain statutory factors in deciding 1 what amount of spousal support to order, if any; and 2 the duration how many months or years of the order. The court considers factors such as the age and health of the spouses, the length of the marriage, and each spouse's job skills.

See Family Code section for more information. Unless a court has reason not to do so, "permanent" spousal support will usually have duration of half the length of the marriage, measured from date of marriage through date of separation. Unlike child support, spousal support is tax deductible to the spouse paying it only those payments made after a court order is in place are tax deductible , and the spouse collecting it must claim the amount received in any given tax year as taxable income. Spousal support terminates per court order, or naturally by the death of either spouse or the remarriage of the supported spouse.

To be able to characterize your assets or debts as community or separate, it helps to know what your "date of separation" is. The date of separation is generally defined as that date you knew the marriage was irremediably broken. This means the date at which at least one spouse knew there was no hope for saving the marriage. For some people, this may be the date you moved out, or the date you filed for divorce.

Community property is generally defined as assets acquired through a spouse's time, labor and skills, from date of marriage through and including date of separation. Community property is usually everything that a married couple own together title to certain assets does not have to be in both spouses' names in order to be considered community property , such as money that you now have which either spouse earned during the time they were living together as husband and wife, or anything either spouse bought with money earned during that time period.

Community property can be things like a car, a house, a security deposit on an apartment, a k account, a pension, a bank account, home furnishings, etc. Community debts are generally defined as the debts that a husband and wife owe together. In most cases, that includes anything you still owe on any debts either of you took on during the time you were living together as husband and wife. California law requires that the spouses divide community property and debts equally. To equalize the division of assets and debts, one spouse may get more assets because they also got more debts. Spouses can agree to divide assets and debts unequally if they would like. Separate property is generally defined as everything that a husband and wife own or owe if it is a debt separately.

It includes assets acquired, or debts incurred, before date of marriage or after date of separation. It also includes any assets acquired by the spouse during the marriage by gift to that spouse alone or inheritance. California law requires that separate property assets or debts be confirmed to the spouse who acquired or incurred them. Family law attorneys can be extremely helpful with property and debt issues. California law requires spouses in a divorce or separation case to provide each other with forms to disclose assets and debts, and income and expenses. This is to help each spouse develop information about the "marital estate" - what property and debt issues there are. This in turn helps prepare the case for final Judgment. There is no charge for these forms and there is no filing fee.

A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order, discussed below. The traditional approach to legal services is that a client hires an attorney to represent them on their case. This means that the attorney represents the client on all aspects of their case from start to finish. The representation does not end unless there is a substitution of attorney. Limited Scope Representation, often referred to as Unbundling, is a modification of the traditional approach. Unbundling allows an attorney to represent a client on limited, precise issues of their case or to perform specific tasks for the client.

The attorney and the client consult and determine the specific areas of the case that the attorney will handle and which tasks the attorney will perform. The client is then responsible for the other aspects of the case and may perform the additional tasks not performed by the attorney. A typical family law case could involve tasks such as information gathering, drafting of documents, legal research, negotiations, court appearances and conducting discovery. The case could involve a number of issues including child and spousal support, division of real property, pension plans and retirement and child custody and visitation. Unbundling provides a way that an attorney can help you with a part of your case.

The rest of the case is your responsibility. For example, you may gather all the necessary information and then have an attorney prepare your court documents. Or you may prepare your own documents and then have an attorney review your documents before filing. You may consult an attorney who may coach you on how to appear in court by yourself. Or you may do all the pre-court work yourself and then have an attorney make the court appearances. You may choose to have an attorney handle the more complicated aspects of your case and give you advice on how to handle the simpler issues yourself. In all these situations the attorney only bills you and you only pay for the parts of the case the attorney handles.

You and your attorney must thoroughly discuss all the aspects of your case. This is the only way to be sure that each of you understands his or her responsibilities regarding the case. Things that must be discussed include: who makes strategy decisions? Who will gather the necessary information? Who will prepare the court documents? Who will appear in court? By assisting in your own representation and performing some tasks yourself; you can make the most efficient use of the attorney's time and your own litigation budget.

The attorney will be able to focus on the more difficult aspects of the case and you will retain greater control of your case. Your attorney has much more experience than you do. You must be aware that you are fully responsible for the outcome of the parts of the case you handle yourself, even if your attorney is coaching you. You must take the time to fully discuss your case with your attorney to ensure that you are comfortable in handling portions of the case. There are times when Unbundling is not the best option.

In some cases where issues are so complicated and intertwined, it is best to have an attorney handle all aspects of the case.