Rule #2 – Tecno Ciencia http://tecno-ciencia.com/ Fri, 20 May 2022 16:01:11 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://tecno-ciencia.com/wp-content/uploads/2021/03/cropped-icon-32x32.png Rule #2 – Tecno Ciencia http://tecno-ciencia.com/ 32 32 What companies need to know as DOL seeks to kill the Trump-era gig economy rule (again) | Fisher Phillips https://tecno-ciencia.com/what-companies-need-to-know-as-dol-seeks-to-kill-the-trump-era-gig-economy-rule-again-fisher-phillips/ Fri, 20 May 2022 15:35:16 +0000 https://tecno-ciencia.com/what-companies-need-to-know-as-dol-seeks-to-kill-the-trump-era-gig-economy-rule-again-fisher-phillips/ The saga continues for companies that rely on a gig-economy business model as the feds just challenged a court order that recently reinstated a Trump-era rule that makes it easier to classify workers as independent contractors. On May 13, the Department of Labor (DOL) filed a notice of appeal with the Texas federal district court […]]]>

The saga continues for companies that rely on a gig-economy business model as the feds just challenged a court order that recently reinstated a Trump-era rule that makes it easier to classify workers as independent contractors. On May 13, the Department of Labor (DOL) filed a notice of appeal with the Texas federal district court which reinstated the rule. In 2021, the Biden administration first delayed and then eventually withdrew the rule. But the DOL did not give the public a meaningful opportunity to comment on its decision to delay the Trump administration’s rule or consider possible alternatives before overturning it, according to the March 14 district court order. . For now, the Trump-era rule remains in effect — but that could change in the blink of an eye as the lawsuit progresses through the courts. What do you need to know as the litigation unfolds?

Business groups back ‘economic realities’ test

Two competing schools of thought have emerged as to the proper legal standard for determining whether workers are independent contractors or employees. The Trump administration’s rule looks at the “economic reality” of every employment relationship by weighing five simple factors and determining whether the worker is in business for themselves (and therefore a contractor) or economically dependent on the hiring entity (and therefore an employee):

  1. The nature and degree of individual control over the work;
  2. The possibility of profit or loss for the individual;
  3. The amount of skill required for the job;
  4. The degree of permanence of the employment relationship; and
  5. If the work is part of an integrated production unit.

Although the list is not exhaustive and no single factor is decisive, the first two points are identified as the “essential factors” in the analysis and therefore carry more weight than any other factor. Thus, if the economic realities test applies and the first two factors are both in favor of one status or the other (employee or entrepreneur), the remaining factors will not be relevant in most cases. under the Federal Fair Labor Standards Act (FLSA).

The Trump administration has noted that when assessing the individual’s economic dependence on the potential employer, “the actual practice of the parties involved” is more relevant than what may be contractually or theoretically. possible. For example, an individual’s theoretical abilities to negotiate prices or to work for competing companies are less meaningful if, in practice, they are prevented from exercising these rights.

The final rule applying this flexible test was due to take effect in March 2021, but the DOL first announced a 60-day regulatory freeze shortly after President Biden took office. Then, on March 11, 2021, the department formally announced that it believed the Trump-era rule was inconsistent with the standards set by the Supreme Court and the overall purpose of federal wage and hour law. He shelved this proposal and said he would make his own rule.

The business coalition challenging the actions of the Biden administration argued that the DOL violated the Administrative Procedure Act by failing to provide meaningful process or substantial justification for its decision to delay and then drop the rule.

The U.S. District Court for the Eastern District of Texas agreed and recently reinstated the Trump administration rule with its original effective date of March 8, 2021. It is that ruling that is now under attack by the current DOL. .

Unions and worker advocates back ‘ABC’ test

Although the current administration has yet to come up with its own new rule on independent contractors, President Biden has made it clear during his campaign that he supports a three-pronged California-style “ABC” test. A worker is considered an employee under the ABC test unless the hiring entity establishes these three prongs:

  1. The Worker is free from the control and direction of the Lessee in connection with the performance of the work, both under the contract for the performance of such work and in fact;
  2. The worker performs work that is not part of the normal course of business of the hiring entity; and
  3. The worker is usually engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity.

In California, the ABC test expanded the definition of “employee” in state wage ordinances — as well as some other laws — and imposed a positive obligation on businesses to prove that independent contractors are properly classified.

The ABC test makes it much harder for many companies to treat workers in California as independent contractors, and harder for companies to hire smaller, entrepreneurial companies. Even so, President Biden has promised to work with Congress to establish a federal standard modeled after the ABC test for all labor, employment, and tax laws. Additionally, Labor Secretary Marty Walsh said he believes construction workers should be classified as employees.

And after?

The 5th United States Circuit Court of Appeals will now consider the DOL’s challenge to the district court’s decision reinstating the economic realities test. In the meantime, you should note that many states apply their own test to determine whether workers are independent contractors or employees under wage and hour laws. For example, California, New Jersey, Massachusetts, and other states have their own systems in place that make it harder for companies to use contract labor for many jobs within their organization. .

You should also recognize that at the federal level, the National Labor Relations Board and other agencies may apply different tests than those used by the DOL for FLSA cases. In fact, the NLRB has announced plans to develop its own standard sometime in 2022, which will no doubt complicate matters further.

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What are the rules for Chicago’s new curfews for minors and how will they be enforced? – NBC Chicago https://tecno-ciencia.com/what-are-the-rules-for-chicagos-new-curfews-for-minors-and-how-will-they-be-enforced-nbc-chicago/ Tue, 17 May 2022 11:06:32 +0000 https://tecno-ciencia.com/what-are-the-rules-for-chicagos-new-curfews-for-minors-and-how-will-they-be-enforced-nbc-chicago/ Following a series of chaotic large gatherings of youth downtown and a violent weekend that ended in the shooting death of a 16-year-old in Millennium Park, Mayor Lori Lightfoot recently imposed two curfews for unaccompanied minors in Chicago: A citywide 10 p.m. curfew and a weekend 6 p.m. curfew at Millennium Park. Both measures have […]]]>

Following a series of chaotic large gatherings of youth downtown and a violent weekend that ended in the shooting death of a 16-year-old in Millennium Park, Mayor Lori Lightfoot recently imposed two curfews for unaccompanied minors in Chicago:

A citywide 10 p.m. curfew and a weekend 6 p.m. curfew at Millennium Park.

Both measures have sparked a flurry of backlash from activists and public officials, with some saying the moves are short-sighted, while others argue the need for intervention.

Here’s what the details of each curfew are, how Lightfoot says they’ll be enforced, and what happens next.

Chicago citywide curfew for teens 16 and under

Lightfoot said Monday that since 1992, a citywide 11 p.m. weekend curfew for teenagers 16 and under has been in place.

That weekend curfew will now begin at 10 p.m., according to a decree signed by the mayor.

Millennium Park weekend curfew for unaccompanied minors under 18

According to a press release from Lightfoot’s office, Millennium Park now has a 6 p.m. curfew Thursday through Sunday for “all unaccompanied minors” under the age of 18, whether visitors or residents.

Anyone under the age of 18 is “welcome to the park during the evening hours as long as they are accompanied by at least one responsible adult,” the statement said.

Both curfews are currently in effect.

How will the new Millennium Park curfew be enforced?

According to a press release from Lightfoot’s office, the new curfew for unaccompanied minors at Millennium Park “will be strictly enforced and violations will be dealt with promptly.”

“I also call on the Chicago Police Department,” the statement continued, “to work with our federal partners to expedite firearms traces for all firearms found in the hands of minors and to promptly engage criminal prosecution of any adult who provides a firearm to a person under the age of 18.”

At a Monday news conference about the new rule, Lightfoot said “Chicago police will exhaust all other efforts before taking enforcement action to ensure young people are safe.”

“No, we don’t want to arrest kids,” Lightfoot said. “If we have to do it because they’re breaking the law, we’ll do it. But what we’ve seen in other areas of the city, when issues have arisen, is our officers talking to young people, the inform about the rules and in most cases the youngsters disperse without incident, which is what we hope will happen.

In an interview with NBC 5’s Mary Ann Ahern, Light said private security would be on the front line enforcing the new restrictions at Millennium Park.

“They’re going to be the people on the front lines,” she said. “Obviously, there are officers who are already assigned to 1st and 18and districts if there is a need for their services (also).

What local authorities and community groups are saying

The announcement drew both support and criticism from local groups, as well as the American Civil Liberties Union of Illinois.

“It’s going to stereotype all the inner city kids,” said Baltazar Enriquez, president of community organization Little Village Community Council.

“Especially our young people from Little Village who go to work. There are jobs and activities downtown…and now they are limited.

The Chicago teachers’ union also criticized the move, saying “the mayor must do more to address school violence, mental health needs and entrenched disinvestment, instead of knee-jerk curfews and bans.” to use public spaces,” which they say continues. “the cycle of doors slamming in the face of young people who have had doors closed on them all their lives.”

Similarly, the American Civil Liberties Union of Illinois said “the promise of strict enforcement will lead to unnecessary stops and arrests and further tension between the CPD and young people of color.”

At a community meeting Monday, Ald. Brian Hopkins invited members of the public to discuss the recent high-profile incidents in the city center.

“I know we can’t live this way,” he said.

Hundreds of residents gathered at the Old Town Moody Church campus on Monday to discuss recent high-profile incidents, including large groups at North Avenue Beach that caused several unrest and led to multiple arrests after a “rally not allowed” at the landmark on the north side.

Between that and Saturday’s shooting at Millennium Park, Hopkins says there’s plenty of evidence that something needs to be done.

“We can see what happened during Saturday night’s events downtown,” he said. “There are direct impacts on public safety.”

And after?

Other meetings are scheduled to discuss public safety in the city, including a Tuesday afternoon safety meeting in Chicago’s Old Town neighborhood for commercial businesses to discuss concerns about recent events affecting their windows.

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Opinion: Customers need alternatives to the 4% rule https://tecno-ciencia.com/opinion-customers-need-alternatives-to-the-4-rule/ Fri, 13 May 2022 11:30:00 +0000 https://tecno-ciencia.com/opinion-customers-need-alternatives-to-the-4-rule/ For nearly three decades, many financial advisors have relied on a total return strategy to generate retirement income for their clients. According to this conventional wisdom, if retirees stay 50% to 75% invested in stocks and withdraw 4% a year to fund expenses, their nest eggs will be enough to carry them safely through a […]]]>

For nearly three decades, many financial advisors have relied on a total return strategy to generate retirement income for their clients. According to this conventional wisdom, if retirees stay 50% to 75% invested in stocks and withdraw 4% a year to fund expenses, their nest eggs will be enough to carry them safely through a 30-year retirement, regardless of are market conditions.

This 4% rule, created by financial advisor and researcher Bill Bengen in his famous 1994 study, is rational and historically proven advice. But here’s the problem: In today’s inflationary climate, it’s very difficult to keep up with retirement. How can I know? Because the now-retired guy who invented it doesn’t stick to it. In a recent Wall Street Journal article, Bengen, citing unprecedented economic conditions and high stock market valuations, recommended retirees limit their spending and cut their drawdown by 4%. (A November 2021 Morningstar report endorsed a withdrawal rate of 3.3%.)

It’s interesting. But the real revelation is that Bengen adjusted his personal portfolio to 20% stocks, 10% bonds and 70% cash, violating his own rule’s requirement to remain invested in at least 50% stocks. . This revelation should have financial advisors around the world taking notice: even the creator of the 4% rule failed to live up to its fundamental principle when markets got tough during his own retirement.

I am not criticizing Bengen. Retirement can be scary and these markets are tough, so any choice that brings comfort is fine with me. But his example illustrates a larger point: it’s one thing to tell clients to swallow their worries and ride the market roller coaster to retirement and quite another to do so. The 4% rule makes sense, and if nothing very unusual happens, you’ll be fine. It’s a great way for advisors to project safety into a strategy based on investments that carry inherent risk.

But Bengen’s decision to restrict his lifestyle and shift most of his portfolio to cash just nine years after retirement illustrates how difficult it can be for clients to be coldly rational and emotionally detached from financial decisions when their retirement security is at risk. It can be scary when the paychecks stop coming and the wallet starts to shrink, and no amount of logic can silence those emotions and quell the desire for security.

Consideration of clients’ tolerance for income risk and desire for security should begin before retirement begins, with planning that considers their financial and emotional needs. For clients who have sufficient assets and can handle market volatility, a probability-based total return strategy for retirement income may be the right approach for these times.

But for those who aren’t comfortable in the markets, a guaranteed income component in the portfolio in the form of an annuity can help alleviate many of the fears expressed by Bengen in the article – about the lack money, capital protection and the harsh consequences of a bear market at the start of retirement. And, it can be a lot more productive for a retirement plan than spending money.

We can learn a lot from the Bengen experience. Her story underscores that retirement security is as much about considering emotional well-being as it is about making financial decisions. When it comes time to discuss retirement income with your clients, find out how comfortable they are with income risk and suggest strategies that fit their needs and wants. For many advisors, this means going beyond simply offering investments. This will allow retirees not only to support, but also to enjoy their retirement.

Photographic illustration by Councilor Barron; Courtesy of DPL Financial Partners

David Lau is founder and CEO of DPL Financial Partners, which specializes in the development and distribution of low-cost, commission-free insurance and annuity products, product discovery tools and education for RIAs and individual investors . Since going to market in 2018, DPL has worked with over 20 insurance companies to bring a suite of no-cost products to its turnkey insurance management platform for paying advisors.

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The exception that makes the rule (About the rules) https://tecno-ciencia.com/the-exception-that-makes-the-rule-about-the-rules/ Wed, 11 May 2022 12:03:49 +0000 https://tecno-ciencia.com/the-exception-that-makes-the-rule-about-the-rules/ The history of Eakinomics is filled with regulatory missteps, regulatory follies, and a paperwork-festooned economy. Every now and then, however, a surprise pops up. The Community Reinvestment Act (CRA) of 1977 was intended to prevent banks from discriminating against people in low-income areas. As Thomas Wade explained last week, the three regulators that oversee the […]]]>

The history of Eakinomics is filled with regulatory missteps, regulatory follies, and a paperwork-festooned economy. Every now and then, however, a surprise pops up. The Community Reinvestment Act (CRA) of 1977 was intended to prevent banks from discriminating against people in low-income areas. As Thomas Wade explained last week, the three regulators that oversee the ARC – the Federal Reserve (Fed), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) – published a regulatory proposal that modernizes the CRA.

It was time. As Thomas Wade puts it: “The ARC has not been significantly updated since its implementation and does not reflect the development of online banking at all (as written in the origin, the CRA did not even take into account between states banking). As banks expand their range of internet banking services, CRA is becoming more redundant – and this redundancy is actually hurting some banks, like Ally, that operate solely online. Even today, banks are judged on the services they provide to vulnerable populations within a given “assessment zone,” the geographic region around a physical branch.

There are three main reasons for the reform. First, the CRA currently relies on service agents with physical locations, such as branches and ATMs. Therefore, the CRA assessment excludes online loans. Ally – the only fully online bank in the United States – receives no credit for Fair Loans in Detroit, where it is headquartered.

Second, the CRA does not take into account the size of a bank. It only looks at the raw number and value of loans to low- and middle-income customers, producing a completely unfair comparison between global giants and community banks.

Finally, the evaluation itself is poorly defined. It’s based on interviews, doesn’t use any metrics, and banks have no real reason to understand vague and indefinite ratings (“excellent”, “substantial”).

Two of the main objectives of the proposed rule are to update the approach to assessment domains and to revise the assessment framework for banks. There would also be new record keeping, data collection and disclosure requirements. The proposal would augment the brick-and-mortar approach by allowing large banks to identify areas where they had “an annual lending volume of at least 100 home mortgages or at least 250 small business loans in a geographical area for two consecutive years. . The proposal also includes a nationwide assessment that would allow banks to receive ARC credit for any qualifying community development activity, regardless of location.

There is also a new categorization of banks: “Existing and new tests will be categorized into four new groups – a retail lending test, a retail services and products test, a community development finance test and a community development services. Large banks will be assessed on all four tests. Intermediary banks would be assessed only against the retail lending test and the pre-existing community development test. Smaller banks would be assessed solely on the pre-existing community development test.

The new CRA rule is a long overdue step in a modern direction and will be subject to public comment. We can be sure that these comments will prove that it is not perfect. The most obvious criticism is that the proposal will center on intensive and costly new requirements for collecting, recording and disclosing data. Even this positive development for the CRA does not seem to be able to eliminate this bureaucracy.

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Washington Supreme Court pauses on rule that would close juvenile court records to public | Crime and courts https://tecno-ciencia.com/washington-supreme-court-pauses-on-rule-that-would-close-juvenile-court-records-to-public-crime-and-courts/ Mon, 09 May 2022 12:00:00 +0000 https://tecno-ciencia.com/washington-supreme-court-pauses-on-rule-that-would-close-juvenile-court-records-to-public-crime-and-courts/ For now, Washington state juvenile court records are open to the public. The Washington Supreme Court has suspended a rule that went into effect on Tuesday removing juvenile court records from online court records systems and requiring minors to be identified only by their initials and dates of birth in court documents. Now a coalition […]]]>

For now, Washington state juvenile court records are open to the public.

The Washington Supreme Court has suspended a rule that went into effect on Tuesday removing juvenile court records from online court records systems and requiring minors to be identified only by their initials and dates of birth in court documents.

Now a coalition of prosecutors, clerks, police, journalists and open government advocates hope to work with the High Court on a system that maintains the openness of the justice system mandated by the Constitution, with the understanding that juvenile offenders deserve the possibility of reform. and put past crimes behind them.

“It buys us time,” said Yakima County District Attorney Joe Brusic, who serves on the Washington Association of Attorneys’ Court Information System Committee. “It gives us the opportunity to breathe.”






Yakima county attorney Joe Brusic




Opponents of the rule argue that restricting information may harm those the high court seeks to protect by making the court system less accessible and opening the door to possible mistaken identity, as well as making it difficult to see if the courts administer justice in a fair manner.

Currently, state law allows public access to juvenile court records through the Odyssey online records system, as well as in person at courthouses. The law allows the records of minors to be sealed if several conditions are met, such as the minor reaches the age of 18 or completes probation and has not committed a drug, sex, or drug-related offense. serious” such as first degree robbery or murder.

The state’s Office of Public Defense and the Minorities and Justice Commission have called for changes to state court rules to restrict access to juvenile criminal records. These groups have argued that the accessibility of juvenile court records makes it difficult for an offender to obtain housing, employment or further education, particularly if the records are retrieved by websites that offer background checks. people.

Public defenders for the state and the commission have argued that these consequences fall more heavily on minority youth because they are disproportionately represented in the juvenile justice system.

The rule, approved by eight of the courts’ nine judges, would prohibit listing juvenile court records on court-run online record systems such as Odyssey. They would only be accessible to people who went to the county courthouse where the case was pending.

It also required that minor defendants be identified by their initials and date of birth rather than their full names. The judges described the situation as an “emergency” due to the injuries.

The rule, which the court approved on March 31, went into effect on May 3, with some jurisdictions suppressing records. Brusic said not everyone was consulted beforehand.

“They hadn’t spoken to prosecutors or clerks, who were going to have to put this rule in place,” Brusic said.







Yakima County Juvenile Justice Center

FILE – Yakima County Juvenile Justice Center.




Opposition

The only comments received during a comment period before the rule was passed came from public defenders and justice reform groups favoring the change, with the Washington Association of County Clerks opposing it.

The Clerks’ Association said supporters of the change were seeking the court to change the rule because their previous efforts to change it through legislation had repeatedly failed.

Clerks said requiring people to go to a courthouse to even see the index of cases in juvenile court was a bad idea as it would deny access to people who could not afford to. go to the courthouse or who were physically unable to do so. therefore due to a disability.

Identifying juvenile defendants by their initials would hamper the functions of court clerks by allowing them to identify them in other matters before the court, such as family law cases.

“Court records are not just about an offender’s alleged actions – they are also an official court record of the decisions of government officials, including law enforcement, judges, prosecutors, county clerks, etc. . and should not be impossible to access,” Kimberly A. Allen, the president of the clerks association, wrote in her letter.

She also pointed out that there are already mechanisms in place to seal the records of minors and that once sealed, the records become completely inaccessible.

Once the court approved the rule, a coalition quickly formed and pushed the court to delay implementing the rule until further discussions took place.

Joined clerk and prosecutor associations Superior Court Judges Association, District and Municipal Court Judges Association, Washington Association of Juvenile Court Administrators, Washington State Patrol, Washington Association of Sheriffs and Police Chiefs, Allied Daily Newspapers of Washington. , the Washington State Association of Broadcasters and the Association of Washington Newspaper Editors.

The coalition has urged the High Court to delay implementation of the rule to ensure all parties can intervene.

Brusic said public access to juvenile court is important in Yakima County, where there are a significant number of juvenile cases — particularly violent crimes such as shootings and drive-by homicides — and that names should be used in the court system as a matter of public safety and accountability.

“It’s not kids stealing a shirt at Macy’s,” Brusic said.

Yakima County averaged about 320 juvenile trials per year between 2018 and 2021, according to court records.

Rowland Thompson, executive director of the Allied Daily Newspapers, said the rules went against the state Constitution’s guarantee that justice would be administered openly.

Most minor cases go through diversion, where if a defendant complies with certain conditions, the charge is dropped, Thompson said, but making sure the system is open to the public is especially important. when a minor is tried.

“When a juvenile offender is before a judge and some sort of judgment (juvenile court term for sentencing) takes place for their offense, it becomes part of the public record,” Thompson said. “It’s important for the media that we can see that these people are being treated fairly, that race doesn’t play a role in it, and that they are being treated equally across the state.”

If the records are not public, Thompson said, it would be impossible to know whether the justice system is dealing with issues of fairness.

In addition, there is a public safety problem. Police need to know if the person they pulled over for a traffic violation has a history of violent crime — information that might not be available if minor records are restricted, Thompson said. Likewise, there are jobs that people with certain beliefs cannot work at.

Brusic and Thompson said they weren’t opposed to a minor who reformed not being haunted by past criminal convictions, but that must be balanced with the need for transparency in the justice system.

New order, dissent issued

And there seem to be questions within the Temple of Justice at Olympia about how the rule was suspended and, presumably, what will happen in the future.

On Thursday, Chief Justice Steven Gonzalez issued an order “delaying” implementation pending a further court order. But the next day, Justice Barbara Madsen wrote a dissent to the order, signed by Justices Charles W. Johnson, Susan Owens, Debra L. Stephens and G. Helen Whitener stating the rule was “suspended” and referred to committee. rules. .

Brusic said he is still trying to analyze what the competing orders mean and whether a dissent signed by a majority of the court overturns the chief justice’s decision, but he said the important thing is that groups opposed to the rule will have a chance to make their case.

{span style=”background-color: #deffde;”}The {/span}Washington Coalition for Open Government said the court was right to suspend the rule, but said the judges owe the public a “fuller explanation “about what had happened. triggered a dissenting order.

“The proposed rule would have plunged Washington state’s juvenile justice system into anonymity and severely limited public access to its information,” said WACOG Secretary George Erb.

Transparency promotes trust in the justice system, Erb said, and in addition to working with other parties to find a way to keep juvenile cases open, judges should also explain competing orders.

“Confusing people is no way to gain public trust,” Erb said.

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A house rule is perfect for combating metagaming https://tecno-ciencia.com/a-house-rule-is-perfect-for-combating-metagaming/ Sat, 07 May 2022 11:34:22 +0000 https://tecno-ciencia.com/a-house-rule-is-perfect-for-combating-metagaming/ In the vast and ever-expanding world of Dungeons & Dragons shows, Children of Earthe is an underrated gem. Led by Dungeon Master and daredevil star Deborah Ann Woll, the show tells the story of five seemingly normal humans who, after boarding a mysterious train, are embarked on a fantastical adventure none of them could have […]]]>

In the vast and ever-expanding world of Dungeons & Dragons shows, Children of Earthe is an underrated gem. Led by Dungeon Master and daredevil star Deborah Ann Woll, the show tells the story of five seemingly normal humans who, after boarding a mysterious train, are embarked on a fantastical adventure none of them could have imagined before.

Children of Earthe has lots of fascinating and fun content that is sure to inspire other DMs, especially those interested in campaign management set in modern times. However, the show’s most interesting innovation is an easy-to-implement house rule that could help any campaign combat an age-old problem in the tabletop RPG space: metagaming.

RELATED: Dungeons & Dragons: Why Over-Preparation Is Really Good For DMs

Almost every J&D The campaign comes up against the issue of metagaming at some point. Essentially, metagaming is about using external knowledge to determine their character’s actions, especially when said player character shouldn’t know the information in question. It can be as trivial as a veteran player choosing not to use fire attacks against a red dragon when their current character doesn’t know the creatures are immune to that element.

Some metagaming is almost unavoidable; after all, players are aware that they are part of a game in ways that their characters are not. In the real world, a person is unlikely to walk into a room and immediately start opening drawers trying to find something important, but such behavior is common (sometimes necessary) in J&D to move the story forward. However, metagaming becomes a bigger issue when players adjust their behavior in ways that break immersion or interfere with roleplaying.

A common cause of metagaming has to do with skill tests, especially perception tests. Because players understand that a low roll means they are likely to be tricked or miss crucial information, they can choose their next action with that low roll in mind. For example, a player who checks a lane for traps and rolls a three will likely proceed on the assumption that there are traps, undermining the impact of the low roll.

RELATED: How The Marvel Multiverse RPG Differs From Other TTRPGs

Children of EartheThe answer to this problem is simple: if a player is concerned that knowing what he gets on a skill check will influence his answer, he can tell the DM his modifier and have Woll roll the d20 to him. From there, she will tell the player what they see or learn without revealing the roll itself. By withholding this information, players are unable to make inferences based on what they have rolled; they just know what their character would know.


This house rule can be easily applied to any J&D game, and it could be especially useful for new players who might not even realize they are metagaming. Although the DM roll takes some power away from the players themselves, it’s up to the player to take advantage of it or not. Those who feel confident in their ability to separate their knowledge and their players (or those who just like to roll the dice themselves) don’t have to participate. Although incredibly simple, this house rule is a brilliant way to combat a common but pervasive problem.


Fighter with a big sword

Dungeons & Dragons: 3 house rules that make combat more dynamic

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Weather conditions in permit rule to add delays, energy lawyers say https://tecno-ciencia.com/weather-conditions-in-permit-rule-to-add-delays-energy-lawyers-say/ Wed, 04 May 2022 23:44:59 +0000 https://tecno-ciencia.com/weather-conditions-in-permit-rule-to-add-delays-energy-lawyers-say/ Industry lawyers warn that the climate change provisions of the Biden administration’s new environmental clearance rules will throw more proposed projects through the courts, potentially jeopardizing the very projects the White House wants to promote. Wind farms, solar panels and renewable energy transmission lines — all parts of the White House’s bid to halve national […]]]>

Industry lawyers warn that the climate change provisions of the Biden administration’s new environmental clearance rules will throw more proposed projects through the courts, potentially jeopardizing the very projects the White House wants to promote.

Wind farms, solar panels and renewable energy transmission lines — all parts of the White House’s bid to halve national greenhouse gas emissions by 2030 — could be affected, according to the lawyers.

“I think they’re injecting a whole new level of uncertainty into the project licensing and development process,” said Byron Brown, who worked on Trump administration policy as deputy chief of staff. from the EPA for politics and previously as an aide to Senator James. Inhofe, R-Okla., and is now a senior attorney at Crowell & Moring LLP.

“You’re going to have individual judges having to weigh in and decide what’s good enough,” Brown said. “What kind of environmental analysis is sufficient? How far down the chain do you need to analyze the potential impacts of climate change? »

The new CEQ rule under the National Environmental Policy Act asks agencies to consider the climate change impacts of infrastructure projects, land management efforts and other activities.

The rule, which takes effect this month, would reverse a change the Trump administration implemented in 2020. The rule required agencies to consider only reasonably foreseeable effects with a close causal relationship to the proposed action. – a reversal of the policy that had been in place for decades before Biden reinstated it.

Extension of the authorization process

The Biden administration denies that its changes will cause clearance delays because they closed loopholes and resolved ambiguities created by Trump-era changes.

“Fixing these flaws in the environmental review process will help projects be built faster, be more resilient, and deliver greater benefits to people who live nearby,” CEQ President Brenda Mallory said in a statement. a statement when the rule has been finalized.

But Andrew Emrich, a former assistant attorney general in the Justice Department’s environment and natural resources division, said that compared to post-Trump rule changes, the new changes “almost by definition” expand the process. authorization, thus opening up more opportunities for justice. attacks.

“Agencies have gotten good at circumscribing direct impacts, but they now have to consider indirect impacts that might be some distance in the future, and cumulative impacts that might sweep away projects that might not even be federal projects. “said Emrich, now a partner. at Holland & Hart LLP.

NEPA applies only to projects under the control or responsibility of the federal government.

Marlo Lewis, a senior fellow at the Competitive Enterprise Institute, said the new rules raise the possibility that almost any project can now be challenged for reasons related to climate change.

“All environmental impacts assume a cumulative effects analysis because no one lives in the Garden of Eden today,” Lewis said.

Once a case reaches court, the results can be highly unpredictable, according to Brown, who also worked in the EPA’s Office of Legal Counsel in the George W. Bush and Obama administrations.

“You have different district courts coming out with different opinions,” he said. “It’s kind of a mess right now in the courts.”

Direction to come

At least some of the uncertainty could be dispelled when the CEQ releases guidelines telling agencies how to consider the climate impacts of proposed projects. This orientation is expected in the coming months, according to a spokeswoman for the agency.

Brett Hartl, director of government affairs at the Center for Biological Diversity, dismissed the idea that climate change would trigger an avalanche of litigation because agencies can devise “reasonable rules of conduct” for carrying out analyses.

“It’s not like everything under the sun is going to be litigated because of the weather,” he said. “Agencies can and should think about where these shows become important. You follow the science to know where the impacts are measurable, meaningful and have real consequences.

Hartl said industry lawyers’ concern that the policy would jeopardize energy projects “is a talking point, a boogeyman.”

The CEQ and the courts have repeatedly said that climate change “is fully within the jurisdiction of NEPA,” said Stephen Schima, senior legislative counsel at Earthjustice.

The CEQ spokeswoman also said the new rule “clarifies and reaffirms” the agency’s longstanding policy – predating Trump’s changes – which required agencies to analyze reasonably foreseeable effects, including the effects of climate change.

But that consideration was already creating legal delays, say opponents of Biden’s changes. The Trump administration tried to limit legal challenges in 2020 when it only required that a project’s effects be “reasonably foreseeable” and have a “reasonably close causal relationship” to the project.

Further help could come from reinstating the Trump-era “single federal decision” policy in the recently passed bipartisan infrastructure bill. The policy, which President Joe Biden previously revoked, requires agencies to collaborate on permits, conduct their reviews concurrently and meet set deadlines.

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In run-rule fashion, Weber State softball wins 6th straight Big Sky regular season title | News, Sports, Jobs https://tecno-ciencia.com/in-run-rule-fashion-weber-state-softball-wins-6th-straight-big-sky-regular-season-title-news-sports-jobs/ Sun, 01 May 2022 00:05:30 +0000 https://tecno-ciencia.com/in-run-rule-fashion-weber-state-softball-wins-6th-straight-big-sky-regular-season-title-news-sports-jobs/ 1 / 3 Weber State softball players lift lead Faith Hoe after Hoe hit a game-winning single to beat Sacramento State 8-0 to win the Big Sky regular season title on Saturday, April 30, 2022, at Wildcat Softball Field in Ogden. ROBERT CASEY, Weber State Athletics 2 / 3 Weber State softball players […]]]>

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Weber State softball players lift lead Faith Hoe after Hoe hit a game-winning single to beat Sacramento State 8-0 to win the Big Sky regular season title on Saturday, April 30, 2022, at Wildcat Softball Field in Ogden.

ROBERT CASEY, Weber State Athletics

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Weber State softball players lift a trophy after winning the Big Sky Conference regular season championship Saturday, April 30, 2022, at Wildcat Softball Field in Ogden.

ROBERT CASEY, Weber State Athletics

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Weber State’s Arissa Henderson, left, head high-fives coach Mary Kay Amicone after hitting a home run against Sacramento State on Saturday, April 30, 2022, at Wildcat Softball Field in Ogden.

ROBERT CASEY, Weber State Athletics

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OGDEN — Weber State second baseman Faith Hoe fouled a ball from the knee to go down in the 1-2 count.

Leading Sacramento State 7-0 in the fifth inning and with two runners on board Saturday afternoon, Weber State was one step away from ending the game via the run rule and, with one week still on the schedule, clinching a sixth back-to-back regular season Big Sky Conference Softball Championship.

But Hoe could barely stand. She barely left the immediate area surrounding home plate and leaned on her bat as she bent over in pain.

“Honestly, I thought I was going to get fired. It hurt so much,” Hoe said. “Once I kind of caught my breath, I thought I was fine…and at that time, let’s just finish this fight, let’s do it.”

Maybe there was something in the focus required to push past that pain and get back into the box. Or, maybe, as Hoe put it: it’s embarrassing to take a hit, need a break, and then strike.

So on the very next pitch, Hoe blasted a single out to left field. Shortstop Makayla Donahoo finished third and, although a short throw beat her home, slipped around on a scoring attempt, sending her Wildcat teammates out of the home dugout to celebrate the championship .

“It is Faith. She’s tough, knows what’s going on. His softball IQ is off the charts,” WSU head coach Mary Kay Amicone said. “She got into position to make solid contact and she did.”

Every regular season completed since 2016 now comes with a Weber State trophy, and five of them are outright championships for the Wildcats.

Not only was Sacramento State (25-23, 9-6 Big Sky) the last second-place challenger to step back after facing Weber State, but the Wildcats (35-10, 13-1) topped the three-game series. by an aggregate score of 20-4 and the Hornets scored in just one of 19 innings over the weekend.

After Friday’s results, the WSU entered Saturday knowing that winning meant lifting a trophy. Amicone credited his team’s focus and dedication to “process-oriented stuff” that built his program.

“We just wanted to do it at home. Last year we were able to do it at home too and this celebration with the fans and the trophy presentation is something we wanted to do again,” said Hoe. “But it was more about our seniors, make sure we win for them on seniors night and fire them properly.”

Senior pitcher Arissa Henderson threw a five-hit shutout, bringing her season high to 15-1 in the circle, striking out four and walking one. Henderson, Chloe Camarero, Brooke Moeai and Abi Sagert were honored after the match at a graduation ceremony.

“I was really proud of our team,” Hoe said. “One quality of a good team is that the other team is not playing well, we put so much pressure on them they throw the ball and I thought our base run was so good…and that takes the pressure off your strikes.

“Our team was just tough. Our defense was solid, our throws were great and we hit the ball well.

The Wildcats chased Sac State ace Marissa Bertuccio for the second time in the series, which was only delayed after Weber State left the bases loaded in the first inning.

McKell McCuiston hit a sack fly to score one in the first, and Henderson again came up with her bat for a solo shot to center field in the third inning for a 2-0 lead.

WSU beat Bertuccio in a five-run fourth that included RBI singles from McCuiston, Camarero and KC Whiting. And, for at least the third time in the series, an aggressive base run from a runner forced the Hornets to make a call with the ball when Hoe stole second, allowing Donahoo to drive home.

“Our culture is aggression. And I look at our elders standing here, with (Takesha Saltern) and Landi (Hawker), when they were on the program, we established that aggression,” Amicone said. “It’s part of what we do, and if it’s open, we take it.”

Sacramento State failed to get a runner past second base after the first inning, and two Henderson strikeouts in the top of the fifth helped set up Hoe’s game-winning swing in the bottom half.

Weber State ends the regular season with a three-game series at now-second-placed Portland State (26-16, 10-5) next week. With a title won, which means this season’s No. 1 seed and tournament hosting rights for 2023 are both secure, Amicone said nothing will change about the way WSU plays.

“It all comes back to what we believe in, and it gets 1% better every time we play. Just like today. Did we get better? We did,” Amicone said. are always different people in these timely running or hitting situations – so we just mind our own business, go to work and want to do our best when the best is needed.”

It’s also not like there’s nothing to play for at Portland State. At 35-10 overall — and with three wins over Mountain West’s top two teams and another over Texas A&M, for example — the Wildcats have a resume that could (should?) get them out of the No. 4 line. in a four-team NCAA Regional Tournament.

But that is looking too far. PSU has the best pitcher in the conference in Olivia Grey. It was his arm that propelled the Vikings to the tournament championship last year at Weber State, and it’s the same arm the Wildcats and everyone else will have to rely on in two weeks in Ogden. WSU went 0-2 and was quickly eliminated in the 2021 tournament.

“We always talk about the lessons we’ve learned, and there are some expensive ones and some not expensive ones. Last year was quite costly, it cost us at the end of the year,” Hoe said. “Almost everyone comes back and we remember that feeling. There was a time last year when…we just started to decline.

“This year, we are improving every day. We want to take care of business and win, but if we improve every day, we can come away knowing that we have achieved our goals. It is important that we are conference champions, but we want to be tournament conference champions.



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Tourist-favorite Thailand recovery lags behind COVID rule changes https://tecno-ciencia.com/tourist-favorite-thailand-recovery-lags-behind-covid-rule-changes/ Thu, 28 Apr 2022 23:03:00 +0000 https://tecno-ciencia.com/tourist-favorite-thailand-recovery-lags-behind-covid-rule-changes/ Tourists visit Maya Bay after Thailand reopened its world famous beach after closing it for more than three years to allow its ecosystem to recover from the impact of overtourism, in Krabi province, in Thailand, January 3, 2022. Picture taken January 3, 2022. REUTERS/Athit Perawongmetha/File Photo Join now for FREE unlimited access to Reuters.com Register […]]]>

Tourists visit Maya Bay after Thailand reopened its world famous beach after closing it for more than three years to allow its ecosystem to recover from the impact of overtourism, in Krabi province, in Thailand, January 3, 2022. Picture taken January 3, 2022. REUTERS/Athit Perawongmetha/File Photo

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BANGKOK, April 29 (Reuters) – When 23-year-old Norwegian Anastasia Johansen and her boyfriend were planning their first holiday in two years, they considered going to Thailand but chose neighboring Vietnam instead, for its entry rules easier on the coronavirus.

“The regulations to enter Thailand… were complicated for me and we had to pay for the heavy PCR test,” Johansen said.

Thailand, one of the world’s top tourist destinations before the pandemic, was among the first nations in Asia to reopen its borders to vaccinated visitors last year with limited quarantine standards, hailed at the time as a model of reopening.

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But as regional peers eased entry requirements, Thailand clung to a cumbersome process.

“Whichever (country) offers simple, smooth and less complicated procedures, I like that,” Johansen said.

Tourism professionals say Thailand’s complicated entry rules are now holding back recovery in an industry that contributed 12% of GDP before the pandemic.

Forward bookings for 2022 show Thailand reaching 25% of pre-pandemic levels, behind levels of 72% and 65% each for Singapore and the Philippines.

Many blame the Thailand Pass’ pre-entry approval system, which can take up to seven days, although the government has recently promised to streamline it.

“Bureaucracy is killing us,” said Bill Barnett, managing director of hospitality consultancy C9 Hotelworks.

“If you’re in Singapore and want to come to Thailand for the weekend, it’s not easy. Those short-term trips are important.”

American Kiran Stallone, who is visiting family in Thailand, said obtaining the Thailand Pass requires proof of vaccination, insurance coverage of at least $20,000 and reservations at a qualifying hotel, all submitted on a Thai government website.

“The government website was difficult to navigate and I had to seek outside help,” Stallone added.

Stallone said he was told to avoid certain steps known to cause submission issues that would delay his application.

The website does not allow users to save progress or return to previous pages and rejects PDF files.

A Facebook group on the Thailand Pass has reached 90,000 members, with would-be travelers asking anxious questions about flight changes, new entry rules and frustration over rejected applications.

Similar forums have also sprung up on sites such as TripAdvisor.

Thailand received 39.9 million visitors in 2019 when Bangkok, the capital, was named the most visited city in the world.

That year, Singapore and the Philippines recorded 19.1 million and 8.26 million arrivals respectively.

Thailand is aiming to attract 5-10 million visitors this year, but critics call its Thailand Pass system an unnecessary obstacle.

“It’s not competitive for Thailand and complicated for travelers (…) who lose all flexibility,” hotel tycoon William Heinecke, chairman of Minor International Pcl (MINT.BK), told Reuters.

An approved Thailand Pass can only be used one week before or after the date shown.

The tourism board also said the system’s requirement for individually filed documents made it more difficult for tour operators to bring in groups.

Thailand’s coronavirus task force spokesman Taweesin Visanuyothin said tourist arrivals were increasing as measures were eased and acknowledged domestic infections outnumbered those from abroad.

However, Thailand’s phased approach to loosening the rules has also caused confusion.

Entry of vaccinated tourists with limited quarantine resumed in February after a brief suspension of the Omicron variant.

At the time, travelers had to take at least three COVID-19 polymerase chain reaction (PCR) tests; one each before departure, upon arrival and on the fifth day of their stay.

In March, this final test was replaced by a rapid antigen test, and insurance coverage was increased from $50,000 to $20,000. In April, the pre-departure PCR test was abolished.

Starting next month, $10,000 insurance is required, but testing for vaccinated travelers and advance hotel reservations have been dropped. Read more

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Reporting by Chayut Setboonsarng; Additional reporting by Phuong Nguyen in Hanoi; Editing by Clarence Fernandez

Our standards: The Thomson Reuters Trust Principles.

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Southern Pines plans rule change for multi-family developments | News https://tecno-ciencia.com/southern-pines-plans-rule-change-for-multi-family-developments-news/ Tue, 26 Apr 2022 07:21:00 +0000 https://tecno-ciencia.com/southern-pines-plans-rule-change-for-multi-family-developments-news/ After months of heated debate surrounding the development of Patrick’s Pointe, the Southern Pines City Council is seeking to change the way it handles large-scale, multi-family developments. During Monday’s business session, council asked city staff to draft text amendments to city ordinances regarding large-scale multifamily developments, including apartment complexes and 10-unit condominiums. or more. While […]]]>

After months of heated debate surrounding the development of Patrick’s Pointe, the Southern Pines City Council is seeking to change the way it handles large-scale, multi-family developments.

During Monday’s business session, council asked city staff to draft text amendments to city ordinances regarding large-scale multifamily developments, including apartment complexes and 10-unit condominiums. or more. While not amounting to a moratorium, such changes would alter the way developments of this type are approved by the board, effectively allowing for greater public input before a decision is made.

The decision comes after residents turned out in droves at the previous council meeting to voice concerns about the town’s uncontrolled development. During the public comment portion of this meeting, several residents called for a moratorium on new development while the city works to revise its long-range plan, such as the one recently enacted by Pinehurst. Some pointed to specific challenges, such as housing affordability and gentrification in West Southern Pines, exacerbated by uninterrupted growth.

Mayor Carol Haney responded to public comments during Monday’s meeting. “We were concerned,” Haney said, adding that the board “heard what you all said” and put discussion of a moratorium on the agenda for this week because of those concerns.

Southern Pines has four multi-family developments in the works, with 872 housing units awaiting approval at the June council meeting; the majority are apartments with some exceptions for condominiums and single-family homes in the Caropines development.

Residents have worried about the growing development of Southern Pines for years, but especially over the past five years as new growth has flooded the town. However, tensions between residents, the town hall and developers have simmered in recent months. In late February, developers of the Patrick’s Pointe development scored a victory over worried residents when council approved the 276-unit apartment complex. Residents had expressed concern about the size and scale of the apartments alongside US 1, which they said clashed with “the character of the neighborhood”.

Notably, council discussed the possibility of defining “neighborhood” at Monday’s meeting. However, the conversation didn’t go far as the board members disagreed on the logistics of the definition and the utility of adding it to the books. Haney said the conversation, which was sparked by council member Ann Petersen, was helpful in bringing the subject to “the forefront of our minds.”

The meat of Monday’s discussion of developments was a discussion of a possible moratorium.

The moratoriums aren’t entirely unprecedented in the county. Last year, Pinehurst put in place a moratorium on new development at Pinehurst South and Village Place as the village worked to chart a course for new development in these areas.

City Manager Reagan Parsons said it’s much more plausible now than in the past to issue a moratorium, in part because of a recent state law that explains the circumstances under which municipalities can suspend development. Either way, he said, it would still require “significant legwork up front that may or may not determine whether you’re even eligible to apply” for a moratorium in the first place.

Instead of a moratorium, staff recommended the council temporarily change the protocol for developers looking to build large apartment and condominium complexes in Southern Pines.

Usually, when a developer comes to town with the intention of building ten or more multi-family residential units, they must apply for what is called a special use permit (unless the development is part of a development planned existing). What is proposed is to remove the requirement for a special use permit so that all large scale multi-family developments must pass through the council as planned developments.

This is important because it would change the decision-making process for approving such developments. Essentially, this would do away with quasi-judicial hearings for these projects, in which the board acts as a sort of court of law, hearing arguments from both sides while limiting communication outside of formal “judicial” proceedings.

Council members, alongside residents, said quasi-judicial hearings provide unfair advantages to developers, who can reach deep into their pockets to provide “expert witnesses” and carry out traffic reports to use as evidence. This issue was front and center in the Patrick’s Pointe case, when the opposition was unable to cross-check the defendant with evidence such as original traffic or noise reports.

This type of hearing may also be limited to council members, Haney said. She noted that changing this protocol “gives us real breathing room to work with people” when it comes to talking about proposed developments while they are under consideration by the board.

As a DP, developments would first go through legislative hearings, which offer a much more flexible format and allow for public participation.

Ultimately, the council decided to follow staff recommendations to suspend special use permits while the long-range plan is under review. Planning director BJ Grieve said developments currently under consideration will not be affected by such a rule change. He said the temporary ordinance change could go to the Planning Board in May and then to the council in June for final approval.

The moratorium on special use permits for large-scale development would essentially begin now, although it doesn’t come into effect until June.

“It would be a heavy task to build a full app in that time frame,” Parsons said.

In other business at Monday’s meeting, City Council:

*adopted an asset management plan for the treatment plant

* voted to postpone the decision to abandon a section of Hill Crest Road at their May 23 meeting

* heard an update on proposed changes to the Parks and Recreation fee schedule

* heard a proposal for charging stations for electric vehicles in the city

*decided to continue discussion on whether to condemn and demolish 891 W. Pennsylvania Ave at next month’s meeting

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