http://www.inc.com/bill-murphy-jr/17-things-extraordinary-people-do-every-day.html?cid=sf01002
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Fashion Law Symposium
Put a Spring in your step and hop on over to the Fashion Law Symposium in April. Get the latest legal developments in the world of fashion. Click here to register and get more information. See you there!
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Nelson Mandela A Symbol Encouragement
The other day I was feeling imprisoned and made to feel a type of way and then I snapped out of it. Imagine going through that for 27 years and still unwavered. Unimaginable, but of course achievable because Nelson Mandela did it. Every time I want to feel held down, if you feel held down, held back, think of this man and his 95 yrs of life spent most of the time fighting, struggling, made to feel like an outsider, held back and held down. Makes you want to stand up right, fight those inner and outside demons, tell people hell to the motherf!#=@ no, right! Absolutely, this man should make you jump out the bed in the morn, run out the house, run after challenges, look forward to the next person that tries to hold you down, why? Because, he makes you want to say hell no. He did, he said no to apartheid and the racial divide, he also showed the people that they could work togerher. Him saying no sent him to jail but it also made him the leader of that very country that initially said no to him and his countrymen for several years. They said no to Jesus too, they said no to countless great men and women throughout our history. But, they ultimately got their yes! Seems to me you can too.
Let this man be a symbol of yes. A symbol of encouragement to you when others tell you no. Thank you Madiba for paving a “yes” lane for me. May you rest in peace.
~Danalee Francesca
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Flashback Friday With Harry Belafonte
I wrote this short opinion piece back in July never got around to publishing it. Then guess who I run into a couple weeks ago…
Mr. Harry Belafonte! Meeting him was everything! Gave me even more inspiration to be better, do better personally and professionally. What an icon.
Harry vs. Jay
A colleague, very knowledgeable and funny guy, we’ll call him Ed, pointed out this article to me. I thought it was interesting how Jay Z thinks of his image as being charity. I totally get what he means, I think my presence is meaningful in some type of way, everyone’s is, but I don’t think my image or anybody’s image becomes charity or helpful to others without some backing to it.
Perhaps Harry Belafonte’s words pierced a bit. It always hurts when an older and wiser person tells you something that has some semblance of the truth. We feel we know it all and we have lived and who is this old fogey telling me what I should be doing. However calling a grown man a boy, with all that he has done for the civil rights movement is a bit disrespectful as well. I believe Jay, can I call you Jay! Should have shrugged it off, as one of his many songs says, and did something more than saying his image is charity, you can read what has been said by both sides here.
Hmmmmm I don’t know do a PSA, some roundtables with teens from the community, organize a boycott because people do listen when you and your wife speak. Boycott in every state that has stand your ground laws, boycott anything that would directly effect change. Maybe that’s what Harry meant. Perhaps his message and J’s reaction got lost in translation.
Start-over guys…
DFE
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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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Fashion Law CLE
A panel discussion, “Culture Counsel: The Legal Ethics of Intellectual Property and Inspiration.” Private viewing of Zevs’ solo exhibition, Traffics in Icons, at De Buck Gallery.
DATE: Wednesday, October 23, 2013
TIME: 6:30 pm reception and viewing of exhibition, 7 – 8:15 pm panel
PLACE: DeBuck Gallery, 545 W. 23d StreetNYS CLE: 1.5 hours (ethics & professionalism; transitional and non-transitional)
Register now: Attorneys ($75)
Click here to register!
Fashionably yours,
Danalee Francesca
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The March Continues…
Obama To Outline Unfinished Work, Decades After King’s Dream http://n.pr/18Yj8l2
Photo Credit: History Channel
I just listened to President Obama speak, today marks the 50th Anniversary of the March on Washington and Martin Luther King Jr.’s I Have A Dream Speech.
What do you say on a day like this when although we have come so far there are issues, still we must march. I am so very grateful for civil rights leaders that stood up, fought to be heard and forged a path for the Civil Rights Act. To hear and see President Obama standing in the same place MLK did 50 years ago is historic in so many ways, but still we march.
Race is still an issue, people still see color as an impediment, so still we march. Poverty and unemployment rates are still high within the black communities, still we have to march.
Education, health, income disparities are still issues for all people in this country, still we must march. “Change is built on willingness”, we “Hunger for a purpose” we must have the “Courage to turn toward each other not away from each other”, President Obama stated. I think we suffer from the same underlying problem that existed not so long ago, an issue of superiority and disregard for the basic tenants of human life. Why do we think in terms of black white asian or anything else, we are human above color, that is what we share.
Until we have the courage to move toward each other as humans with the common purpose of uplifting one another and having the willingness to bring our differences to the forefront and embrace it all, then we continue to MARCH for those that fought to uplift us and for the generations not yet here, in order to bring about and exemplify change.
Above being black I am HUMAN, so I will continue the journey…
Fashionably yours,
~Danalee Francesca
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My Opinion: NYC’s Stop-And-Frisk Ruling
http://www.npr.org/2013/08/12/211410292/read-the-juiciest-bits-from-the-stop-and-frisk-ruling
This has been a week focused on changing laws and changing peoples attitude about race. From Attorney Eric Holder’s Smart on Crime plan, efforts to do away with mandatory sentencing to the ruling that Stop & Frisk is unconstitional. The NPR Article highlights important parts of Judge Scheindlin’s ruling. She focuses on the constitutionality of the stops, the quotas that were given, the lack of detail in the UF 250 form required when stopping individuals, the racial profiling and the pure lack of oversight in executing this law.
Points Judge Scheindlin makes:
1. The law humiliates and embarrasses individuals when stopped.
2. It increases discord between citizens and law enforcement (that already exist), especially Blacks & Latinos.
3. There is not enough explanation for the law and its necessity. Forms filled by police officers performing stops, lack detail and most stops are not part of any active investigation.
4. Police Whistleblowers who have recorded conversations with superiors say they were told that they had to meet quotas, which is illegal.
5. She makes reference to Trayvon Martin and President Obama as it relates to racial profiling.
6. Race played a significant role in stops. There was a disproportionate amount of arrests of Black and Latinos since the tactic was employed in high-crime neighborhoods where Black and Latinos predominate, about 4 million.
The City filed a notice of appeal yesterday. According to Crains Article Mr. Bloomberg stated “There is just no question that stop-question-frisk has saved countless lives. And we know that most of the lives saved, based on the statistics, have been black and Hispanic young men.” I am sure it has and there are statistics to support it, but it has also interrupted countless lives, people have had their equal protection rights violated, we loose confidence in law enforcement, and I can keep going. If the government and law enforcement really want to protect us they would not only listen to their point of view but listen and effectively understand the complaints people have about this law and see some of the harm it has also created.
Let’s wait and see what happens at the appellate level. In the meantime if you have been affected by Stop & Frisk why not write a letter to Mr. Bloomberg stating what happened to you on a stop, send it to Commissioner Kelly too, send it to your legislatures tell them what happened how you felt, put a name on it or don’t but continue to voice your complaint. Send your letters to the attorneys involved in the cases. The pen is always mightier and if formal complaints fall on deaf ears continue to write and send it to the powers that be in an effort to make them listen.
Fashionably yours,
Danalee Francesca
Android
My Opinion: AP News Holder goes after mandatory federal drug sentences
It’s obvious that the mandatory sentencing sought to serve a purpose. However, it also has indirectly targeted particular groups of individuals, look at the predominant number of people that fill our prison systems. Don’t get me wrong there are people committing crimes and yes they should be rehabilitated if possible, but nonviolent low-level drug offenders getting slapped with mandatory minimums may be excessive, for the last 40 years. When a judge has no discretion to reduce a prison sentence for a 19 year old that was accused of conspiracy of drug possession because he was in the car, there may be a problem, a epidemic if you will. Situations like that happen all the time and lead to the crowding of prisons, especially by minorities.
I am happy that Attorney General Eric Holder has stood his ground in implementing Smart on Crime, and has taken steps first instructing federal prosecutors to not charge non-violent drug offenders with offenses that would require mandatory sentencing. Hoping that this leads to changes in our justice system, perhaps gives those a chance that made minor mistakes an opportunity to still have a life, rather than a mandatory jail sentence.
Fashionably yours,
~Danalee Francesca
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Commentary On: Does the FBI Monitor All Your Google Searches? | Mother Jones
<a href="http://m.motherjones.com/kevin-drum/2013/08/fbi-google-surveillance“>Mother Jones Article
Read the above article yesterday via twitter. I follow Mother Jones. So scary, but I think we all know we are in the Matrix. As long as our communications become vast with the internet, social media, search engines etc. the more our 4th Amendment right to privacy diminishes. FISA doesn’t help the situation, stands for the Foreign Intelligence Surveillance Act which allows for warrantless wiretapping, searches of our e-mails and phone calls. Of course, the FBI and other government agencies that utilize this act can’t target citizens willy nilly. They have to present their evidence to a FISA panel of judges. Some do believe that under this Act agencies are able to form databases that contain large amounts of information about American citizens. Sigh…so you have to be careful what you google, even if it is to educate yourself on a controversial topic, you might be inviting law enforcement to your door. This act was reauthorized in 2012 for another 5 years.
Not so Fashionable…
~Danalee Francesca
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The Fashion Law Brief 