Awaiting Court Ruling on Obama’s Immigration Action

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Will court make a decision in support of the expanded DACA & DAPA programs?  Families anxiously await Supreme Court ruling which is expected before the end of this month.  Read more here.

DFE Law
Immigration & Intellectual Property Firm

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Loretta Lynch Nominated Will Be First Black Woman Attorney General

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Loretta Lynch To Be Nominated As Next U.S. Attorney General http://n.pr/1vWsRSH

Loretta Lynch is currently the United States Attorney for the Eastern District of New York. She has been nominated to be the Attorney General of the United States. When confirmed she will be the first Black Woman to hold this position.   Through organizations like Association of Black Women Attorneys and the Metropolitan Black Bar Association and the boards that sacrifice their time to run them, attorneys alike are able to meet and be inspired by someone like Loretta Lynch and others.  Grateful to have had such an opportunity!

Be Inspied. Be Motivated.

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Clarence Mitchell Papers, The Lion In The Lobby

July 2nd marked the 50th Anniversary of the Civil Rights Act of 1964. While watching Here & Now hosted by Sandra Bookman (admire her) Professor Denton Watson discussed his book called Lion in the Lobby. The book is about Clarence Mitchell, Jr. and it gives an up close account of what he did for the Civil Rights Movement on the inside. I think more often then not we hear about the marches and boycotts, which were quite vital to the movement but very rare do we hear about what was going on in the halls of Congress, talking to Congressmen and getting them to agree to such acts. He was quite instrumental in the passage of civil rights laws.

Read more here about the book and the work the author has done on this subject. We have the same opportunity as Martin Luther King, Jr., Rosa Parks, Clarence Mitchell, Jr. and the countless others that worked foe civil rights to do similar work at the grassroots level or in the halls of Congress in an effort to support and push through legislation that furthers equality of all. You would think it would be easier today to do just that, it seems even harder to work together to get anything done in Congress, bipartisanship is lacking as observed in this article Kind of ironic when you think about…

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NY Protects Child Models Under New Labor Law

Prior to the inclusion of child models in the 2013 new child labor law, the law only offered minimal protection to models regarding their hours.  This law now provides great protection to child models that are often alone on certain assignments, lacking financial, and educational guidance. Now they will be afforded more guidance and protection.

Let’s take a look at what the law has outlined. These are the
2013 Child Model Frequently Asked Questions from the NY Labor website:

1.Q. What does this bill do?
A. This bill amended various sections of Law so that child models are now considered Child Performers and are provided with the same protections.

2.Q. Who is a child model covered by this new legislation?
A. Print and runway models under the age of 18 who live or work in New York. (Models in film and TV are already protected as child performers.)

3.Q. Does a child model need a permit?
A. Yes. Child models must have a Child Performer Permit issued by the Department of Labor before they begin work. A Child Performer Permit is valid for 1 year and is free.

4.Q. Does all print and runway modeling require a permit?
A. No. A permit is not required if the modeling occurs: at any church, academy or school as part of regular services or activities or in an annual graduation exercise; in a private home; or in any place under the direction, control or supervision of the Department of Education.

5.Q. How can a child model obtain a Child Performer Permit?
A:  There are two ways to get a permit: Get a copy of the Child Performer Permit Combined Application LS-561 here. Once you complete the application, mail it to the address on the form along with the needed documentation. If the child has never obtained a NYS Child Performer Permit before, you can obtain an online, one time only, 15-day permit here.  To successfully complete the 15-Day Online Permit Application, you must print the permit from your computer printer after you enter all the required information. This temporary permit will allow the child performer to work for 15 days. This gives parents time to complete, document and mail their application to obtain a standard 1-year Child Performer Permit. All other applications are submitted by mail.

6.Q: What information is required on the application form?
A:  A child model’s parent or legal guardian must provide the following information along with certain attachments. See the application instructions for more detail.
Child Performer identifying information including identification
Parent/Guardian identifying information including identification
Education/Academic Status information
Trust account information Physical fitness certification
Acknowledgement and declaration

7.Q: Where should I send the completed application and attachments?
A:  Send completed permit application forms to:           
New York State Department of Labor
Division of Labor Standards
Permit and Certificate Unit, Room 266A
State Office Campus, Bldg 12
Albany, NY 12240

8.Q. Must a child model be a good student?
A. A parent or guardian must provide evidence that the child model is maintaining satisfactory academic performance or is no longer required by law to be in school when applying for a child performer permit.

9.Q. Must a child model meet health standards?
A. There must be proof from a medical professional that the child has been examined within the last year and that the child can model without harm to his or her health.

10.Q. Where do the child model’s earnings go?
A. A parent or guardian must set up a trust account for a child model and an employer must assure that at least 15% of the child model’s earnings are put into that trust account.

11.Q. Must an employer have a permit?
A. An employer who engages a child model to work in New York State must have a Certificate of Eligibility issued by the Department of Labor prior to employing a child model and must notify the Department of Labor at least 2 days before they are going to employ a child model.  A Certificate of Eligibility is valid for 3 years.

12.Q. Are the work hours of a child performer restricted?
A. The total daily and weekly hours worked by a child model must be limited, depending on the age of the child and whether or not the child is required to attend school. For specifics regarding print or runway model working hours see the LS 559.

13.Q. Why does the new law permit a child model to work during school hours when the old law provided that a child model could not work during school hours?
A. This law provides more protections for child models than the old law.  With regard to education, the law provides for adequate schooling and considers the academic standing of each child.

14.Q. Does a child model need a tutor?
A. When the child attends public or private school, employers must provide for a child performer’s education while the child’s school is in session and when the child is not otherwise receiving instruction due to his/her employment schedule. Instruction must take place from the 1st day of missed educational instruction through the remainder of the child’s employment in the production, if the child was guaranteed 3 or more consecutive days of employment or from the 3rd day of missed educational instruction through the remainder of the child’s employment in the production. (Children that are home or distanced schooled are not covered by these same requirements, but must meet educational criteria required by education laws.)

15.Q. What if the child model is from a different state or country?
A. A child model that works in New York State must fulfill the educational requirements of his or her home school, even if it is located in a different country.

16.Q. Can a child model be alone on a set or runway?
A. No.  A responsible person, designated by the parent or guardian, must be at work with the child model if the model is under age 16.

17.Q. How does the law address eating disorders?
A. As part of the permit application, the Department of Labor gets a certification from a medical professional attesting that the child model is fit to work.  The Department of Labor also requires that a parent or guardian review certain information about eating disorders before applying for a child performer permit.

18.Q. What happens if an employer does not comply with the law?
A. The Employer’s Certificate of Eligibility may be suspended or revoked.  In addition, the Department of Labor may assess civil penalties of up to $1,000 for the 1st violation, $2,000 for the 2nd violation and $3,000 for the 3rd violation.

19.Q. What happens if a parent/guardian does not comply with the law?
A. The Department may suspend or revoke a Child Performer Permit for good cause.

20. Q. Where can I find more information?
A. You can find many more FAQs, forms, and other information for child models on our website. 

For more information click on link.

Fashionably yours,
DF

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Attorney of The Week Inspired By Nelson Mandela

Jose BRightI love to learn about what others are doing to help people throughout the world.  I read about Jose Bright, an attorney, that was inspired by Nelson Mandela.  He went to South Africa 18 years ago and never turned back.  He started a school called Teboho Trust School that has helped numerous kids “the freedom generation” become doctors, attorneys and teachers.  What an inspiration!  They call him a gift from God.  Check out the video below to hear the whole story, perhaps you will be inspired to take on a new venture or do something meaningful for another person.  Only one man can do so much, but imagine not doing anything at all.

L.A. Lawyer Brings Hope, Learning to Soweto AIDS Orphans | Video – ABC News.

~Danalee Francesca

Rachel Jeantel and society’s views of black women

George ZimmermanI guess it’s the human nature that some people want to mock others. I watched this young ladies testimony and honestly the one person I found myself annoyed with constantly was the defense attorney Mr. West. I feel that she responded to his irritation in actually a very calm manner. Depending on how and where you grew up your speech patterns may be different. I don’t understand why people don’t understand that everyone is different and grows up differently, both black and white. She did not present herself as ignorant and not understanding, she actually is very matter of fact. I see her as a smart young lady that is doing a very hard thing under stressful circumstances. How many of you have had to testify in a murder case involving your friend? Yes, that’s what I thought. All of you negative people can kick rocks especially the defense team!

Yours truly,

Danalee Francesca

Gideon’s Army Brought Me To Tears

Melissa Harris-Perry’s Interview with the director of the documentary Gideon’s Army and the Public Defenders that were profiled.

Gideon vs. Wainwright

I watched this documentary last night and it brought me to tears.  That is probably why I decided early on not to practice criminal law.  At one point, I did consider it, but honestly when I did an externship and saw who was constantly coming in to the courtroom I could not deal with defending or prosecuting what is a high percentage of African-American males.  That is just how I felt, because it hurt my heart.   Public Defenders normally do get a bad rap and are accused of representing the bad guy.  But, that is not the case.  This documentary by Dawn Porter shows you the passion these lawyers have for their clients, the battle they have in their own lives in representing these clients and how poorly paid they are.  The scene in the documentary where Brandy is putting three dollars gas in her car to get to work while looking through a pile of student loan bills is so real.  I cried when her client was accused of armed robbery and the shop owner could not recall vital details about the defendant that would prove he was the assailant.

Watch this movie and if your passion lies in being a public defender, don’t let anyone stop you from your calling.