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Importance of MVRs and Drug Screening
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Why an MVR Check is Important

Employee driving records can greatly help employers identify and mitigate risk liability in the workplace. Driving Records can help employers avoid risk of third party lawsuits, medical bills, and other costs associated with automobile accidents by an employee whose primary role or even incidental role includes driving on the job.

An MVR check includes include license details such as state issued, status, expiration, suspensions, revocations, violations and sanctions. MVR Reports are easy to read and include standardized ACD violation codes.

MVR Driving History mostly repeats itself. So, if a company runs an MVR check it would be able to predict the chances of any negative activity happening in the future. Moreover, insurance companies focus on several factors in determining auto insurance rates and their premiums are sometimes based on driving history records. If a company employs drivers with a negative driving history, it can be charged with higher premiums by the insurance company. Knowing about MVR driving records helps companies safeguard themselves from higher premiums.

Driving Records should be checked at least annually; however, it is recommended to check them more frequently to proactively determine if there have been any changes to the driving record and to further reduce company liability.

A real-time MVR ordering and monitoring system can provide companies with instant verification of their company drivers.

Why Driver Drug Screening is Important

Generally, all CDL drivers who operate commercial motor vehicles subject to the CDL requirements on public roads in the U.S. are performing safety-sensitive functions are subject to DOT drug and alcohol testing. This includes all full-time, part-time, intermittent, backup and international drivers. DOT truck drivers must undergo a drug screening test prior to their employment. This is to be done once per year, after any accident, and if there is a suspicion that a driver is taking drugs. Also, CDL drivers must be randomly tested throughout the year.

DOT Drug Screening requires laboratory testing for the following five classes of drugs:
- Marijuana
- Cocaine
- Opiates – opium and codeine derivatives
- Amphetamines and methamphetamines
- Phencyclidine – PCP.
DOT alcohol tests identify alcohol concentration of 0.02 and greater.

NOTE: Effective January 1, 2018, CDL drivers will be tested for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. In addition, they will no longer be tested for MDEA.

When drivers take drugs, their motor skills suffer and their reaction times are severely hampered. This can be dangerous and lead to accidents. Proper Drug screening ensures that a company has healthy drivers on the road.

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Source by CW Wade

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October 9, 2019
Are Your Exercises Preventing Your Back From Healing?

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When in pain, are there exercises that hurt your back?

The short easy answer is “Yes”! Exercises that you do on a regular basis may actually harm your back if you have recently injured it or are in significant pain. Many patients continue there usual exercise routine while even in a “flare-up” or after a injury. This might actually slow the normal healing time of your back pain. For the sake of being brief, I will discuss lower back pain, but some of the basic principles can be applied to most areas of joint pain. A proper low back diagnosis is recommended prior to continuing or changing your workout program.

Back pain while bending forward (flexion-intolerant).

This is a very common type of lower back pain. The pain will be worse when leaning forward and you might have pain into the buttocks or thighs. Any symptoms radiating further or including changes in bowel or bladder changes, see your doctor ASAP. Many common stretches involve flexion of your lower back. It is paramount to avoid this motion in the beginning stages of a back injury. Many patients will simply not improve until they stop this exercise.

Exercises to avoid with a flexion type low back injury.

First, avoid all exercises that bend your back forward at the waist. These include crunches, toe touches, and seated forward bends. Any exercise that involves a forward posture is not recommended. Some of the other exercises to avoid with a flexion injury are:

Bike reading while leaning forward.

Toe touches while standing or seated.

Any back lying abdominal exercises.

Pulling of one or both knees to the chest.

Seated leg presses.

Lying on your back and pulling a knee up while doing trunk rotations.

Hurdler’s stretch.

Many or at least a couple of these have probably been advised by your chiropractor or physical therapist. If you have the type of low back pain I described, try staying away from these for a couple weeks and see if it helps. After recovery, these exercises are totally fine to resume.

Our chiropractic office in Rapid City, SD offers relief and guidance for this and many other ailments or injuries. Dr Gruba is also a licensed acupuncturist in Rapid City.

There is often no need to suffer from chronic lower back pain. I recommend starting with a proper diagnosis and treatment. It is always best to take an active approach at home, which includes necessary stretching and exercises. But, with poor guidance, your back pain can be a long term problem and may even alter your future.

To Your Health,

Greg Gruba DC

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Source by Greg S Gruba

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October 8, 2019
A Substantive Due Process Challenge to the War on Drugs

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Substantive Due Process Analysis of the Incarceration of Drug Offenders

A. Framework

In Washington v. Glucksberg, Chief Justice Rehnquist described the framework for substantive due process analysis:

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, “deeply rooted in this Nation’s history and tradition,” and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed.” Second, we have required in substantive-due-process cases a “careful description” of the asserted fundamental liberty interest. Our Nation’s history, legal traditions, and practices thus provide the crucial “guideposts for responsible decisionmaking,” that direct and restrain our exposition of the Due Process Clause. As we stated recently in Flores, the Fourteenth Amendment “forbids the government to infringe . . . ‘fundamental’ liberty interests at all, no matter what process is provided, unless the infringement is narrowly tailored to serve a compelling state interest.”

Applying this method, one must first examine freedom from incarceration to determine if it is a fundamental right. If so, government policies that require the incarceration of offenders, including drug offenders, must serve compelling interests and be narrowly tailored to achieve them. This article assumes for the sake of argument that drug problems give rise to compelling state interests. It then reviews the interests asserted by the government in its pursuit of its drug war policies and the results of those policies to determine whether the policy of incarcerating drug offenders is narrowly tailored to those asserted interests.

B. The Fundamental Liberty Interest: Freedom from Incarceration

Federal and state laws subject drug offenders to incarceration. Incarceration is a tremendous deprivation of liberty that triggers the protections of the Due Process Clause. The Supreme Court has recognized this right on a number of occasions. In DeShaney v. Winnebago County DSS for example, the court held:

[I]t is the State’s affirmative act of restraining the individual’s freedom to act on his own behalf–through incarceration, institutionalization, or other similar restraint of personal liberty–which is the “deprivation of liberty” triggering the protections of the Due Process Clause . . . .

Perhaps the earliest explicit recognition by the Supreme Court of freedom from incarceration as a fundamental right under substantive due process came in Allgeyer:

The ‘liberty’ mentioned in [the fourteenth] amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation; and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned.

An 1891 law review article noted that Blackstone described “freedom from restraint of the person” as “perhaps the most important of all civil rights,” and that Lord Coke felt “the liberty of a man’s person is more precious to him than everything else that is mentioned [in the Magna Charta].” Blackstone states that “the rights of all mankind . . . may be reduced to three principal or primary articles; the right of personal security, the right of personal liberty, and the right of private property.” Indeed, the original Latin in the Magna Charta’s “law of the land” clause uses the term “imprisonetur.”

No court has invalidated a criminal statute through the application of substantive due process analysis to the fundamental right of freedom from incarceration. At the same time, no court has ruled to the contrary. The Supreme Court avoided the question in Reno v. Flores:

The “freedom from physical restraint” invoked by respondents is not at issue in this case. Surely not in the sense of shackles, chains, or barred cells, given the Juvenile Care Agreement. Nor even in the sense of a right to come and go at will, since, as we have said elsewhere, “juveniles, unlike adults, are always in some form of custody,” and where the custody of the parent or legal guardian fails, the government may (indeed, we have said must) either exercise custody itself or appoint someone else to do so.

This analysis would not apply to adult drug offenders. The Fourth Circuit also avoided addressing freedom from incarceration as a fundamental right in Hawkins v. Freeman:

Hawkins’s rhetorical reference to the right as being “freedom from unjust incarceration,” and that of amicus, American Civil Liberties Union of North Carolina, as the “right to be free from arbitrary incarceration,” are issue-begging generalizations that cannot serve the inquiry. A properly precise description can, however, be found in the facts and legal authorities relied upon by Hawkins in support of his claim. From these, we deduce that the precise right asserted is that of a prisoner to remain free on erroneously granted parole so long as he did not contribute to or know of the error and has for an appreciable time remained on good behavior to the point that his expectations for continued freedom from incarceration have “crystallized.”

Hawkins is distinguishable because it deals with an inmate whose parole was revoked. In any event, the casual dismissal as an “issue-begging generalization” flies in the face of nearly 800 years of common law tradition and over a century of Supreme Court decisions recognizing freedom from incarceration as a fundamental right. Indeed the language of the Supreme Court’s Ingraham decision supports the application of substantive due process proposed in this paper:

While the contours of this historic liberty interest in the context of our federal system of government have not been defined precisely, they always have been thought to encompass freedom from bodily restraint and punishment. It is fundamental that the state cannot hold and physically punish an individual except in accordance with due process of law.

The Court also stressed this fundamental liberty interest in Foucha v. Louisiana, a case involving the confinement of a person found not guilty by reason of insanity:

Freedom from bodily restraint has always been at the core of the liberty protected by the Due Process Clause from arbitrary governmental action. “It is clear that commitment for any purpose constitutes a significant deprivation of liberty that requires due process protection.” We have always been careful not to “minimize the importance and fundamental nature” of the individual’s right to liberty.

While the Foucha Court indicated that “a State may imprison convicted criminals for the purposes of deterrence and retribution,” the remark was dicta and did not involve any discussion of substantive limits on the police power. In Meachum v. Fano the Court made a similar remark in the context of a case dealing with prison conditions: “[G]iven a valid conviction, the criminal defendant has been constitutionally deprived of his liberty to the extent that the State may confine him.” Again there was no discussion of substantive limits on the police power. Indeed the previous sentence noted: “The Due Process Clause by its own force forbids the State from convicting any person of crime and depriving him of his liberty without complying fully with the requirements of the Clause.”

Recently in Zadvydas v. Davis, the Court noted:

The Fifth Amendment’s Due Process Clause forbids the Government to “depriv[e]” any “person … of … liberty … without due process of law.” Freedom from imprisonment–from government custody, detention, or other forms of physical restraint–lies at the heart of the liberty that Clause protects.

Freedom from incarceration is not just a fundamental right. It is the one of the most fundamental of rights.

C. Identifying the State’s Interests

Governmental drug policy interests identified in federal statutes include “demand reduction,” “supply reduction,” and “reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs.”

Federal law sets specific goals for the National Drug Control Strategy. These include:

“Reduction of unlawful drug use to 3 percent of the population”;

“Reduction of adolescent unlawful drug use to 3 percent of the adolescent population”;

“Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine”;

“Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine”; and

“Reduction of drug-related crime.”

Goals are also set forth with regard to drug-related crime:

(i) reduction of State and Federal unlawful drug trafficking and distribution; (ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs; (iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and (iv) reduction of drug-related emergency room incidents . . . .

D. Defining “Narrow Tailoring” in the Context of Substantive Due Process

Assuming that the governmental interests are compelling, we must determine whether the incarceration of drug offenders is narrowly tailored to achieving them. The government must show that its policy passes strict scrutiny. The concept of narrow tailoring is not well defined in the context of substantive due process, but has been fairly well defined in regard to the First Amendment and Equal Protection. Equal Protection cases also arise out of the Fourteenth Amendment. In Wygant v. Jackson Bd. of Education the Supreme Court held: “Under strict scrutiny the means chosen to accomplish the State’s asserted purpose must be specifically and narrowly framed to accomplish that purpose.” In a footnote, the Court described narrow tailoring in even further detail:

The term “narrowly tailored,” so frequently used in our cases, has acquired a secondary meaning. More specifically, as commentators have indicated, the term may be used to require consideration of whether lawful alternative and less restrictive means could have been used. Or, as Professor Ely has noted, the classification at issue must “fit” with greater precision than any alternative means. “[Courts] should give particularly intense scrutiny to whether a nonracial approach or a more narrowly-tailored racial classification could promote the substantial interest about as well and at tolerable administrative expense.”

It is important to note here that a policy that does not advance the government’s interests violates substantive due process regardless of how it compares with the alternatives. If it does not accomplish its purpose, logic dictates it cannot be specifically and narrowly framed to accomplish its purpose.

E. Advancing Governmental Interests

Congress has identified certain tools for assessing the national drug control strategy. The National Household Survey is the measure for “unlawful drug use.” Similarly, “adolescent unlawful drug use” is to be measured “by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents’ Resource Institute for Drug Education.” On these measures, the goals are not being reached.

The measure of adolescent drug use that was specifically identified by Congress, illicit drug use in the past 30 days, worsened in 2001. More than 25% of US twelfth graders reported using illicit drugs in the past 30 days. That is nearly double the figure for 1992 and more than eight times the stated goal of 3%. Over 40% of 12th graders tried an illicit drug in the past year.

The PRIDE Survey and National Household Survey show similar results.

The drug war has also failed in its other goals. The Monitoring the Future Survey tracks how twelfth graders perceive the availability of drugs. Reducing availability is an explicit goal of the drug war. The perceived availability of marijuana in 2001 was slightly higher than in 1975. The figures for harder drugs are more disturbing. From 1975 to 1986, roughly 20% of twelfth graders said heroin was easy to get. That number shot up in the late 1980s and has remained consistently higher than 30%. Cocaine remains widely available to our youth, with nearly 50% of twelfth graders saying it is easy to get. The survey began measuring the availability of ecstasy in 1989, when only 22% of twelfth graders felt it was easy to get. In 2001, that number went over 61%, having jumped from 51% the year before.

Drug war policies are not achieving the stated drug war goals. They cannot be “specifically and narrowly framed to accomplish their purpose” because they are not accomplishing their purpose. Drug use has not been reduced in any significant way, and levels of drug use are far above the stated goals. Our children have easy access to drugs. We can’t even keep drugs out of jails. The drug war and the incarceration of drug offenders have also failed to achieve secondary goals regarding supply, demand, purity, drug-related health problems and drug-related crime. The policy of incarcerating drug offenders does not “directly advance[] the governmental interest asserted.” The War on Drugs is not working.

F. Alternative Means

Even if a court is persuaded that incarceration advances the government’s interests, the government must also show that its policy choice fits better than the alternatives. Critics of the drug war encompass a broad spectrum of backgrounds, and the range of “solutions” is just as wide. Libertarians and others favor outright legalization of drugs. The legalization of marijuana is a somewhat popular variation of overall legalization, and there are other variations such as the legalization of marijuana for medical purposes and decriminalization of drugs or marijuana. Another leading approach, known as harm reduction, looks at drugs from a public health perspective.

The effectiveness of some of these alternatives is difficult to assess. Even so, certain comparisons can be made. Advocates of treatment point to studies showing that treatment is much more effective than incarceration. Spencer notes:

The recidivism rate for first time Dade County drug offenders was sixty percent, but for those who successfully completed the Dade County Drug Court treatment programs, the recidivism rate reported by Dade County officials was only seven percent. Drug court treatment programs are also cost effective. It costs Florida only $2,000 to put a drug offender through a drug court program, as compared to $17,000 per drug offender for incarceration. As a result, other drug court programs are being established throughout the country.

Similarly, a Rand study found treatment to be seven times more cost-effective than current supply-control policy in reducing cocaine consumption.

G. The Incarceration of Drug Offenders is Not Narrowly Tailored

Incarceration involves a far greater infringement of fundamental rights than alternatives which are both more effective and less intrusive. The incarceration of offenders is not advancing the state’s asserted interests. The drug war is not narrowly tailored, failing the Supreme Court’s “established method of substantive-due-process analysis” as described by Chief Justice Rehnquist. The laws requiring the incarceration of drug offenders are therefore unconstitutional, if substantive due process analysis is applied.

IV. CONCLUSION

It is true that the approach suggested in this paper would limit the police power. Constitutional protection of individual rights exists for that very purpose. We face coercive government action, carried out in a corrupt and racist manner, with military and paramilitary assaults on our homes, leading to mass incarceration and innocent deaths. We can never forget the tyranny of a government unrestrained by an independent judiciary. Our courts must end the War on Drugs.

For the full article, with endnotes, see: http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf

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Source by Warren Redlich

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October 8, 2019
What Do Wives Do To Get Their Separated Husbands To Come Home?

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I sometimes hear from wives who want to know “the secret” that separated wives use to get their husbands to come home. I often hear comments like: “what do those women do to get their separated husbands to willingly come home? They must be doing something that I’m not doing. Because in my mind, I have tried everything but my husband isn’t even remotely interested in returning home.” I heard from a wife who said: “my husband and I separated about the same time as our neighbors separated. My female neighbor and I would often have dinner together and discuss strategies. Well, her husband came home last weekend ready to work things out and mine is still living away from me and is showing no signs that he might return. What did she do that I didn’t? Because when I ask her this, she says she can’t pinpoint anything that she said or did. She said that her husband just seemed ready to come home. What is she doing that I’m not? I need to know how all of these wives get their husbands to come home so that I can do the same things because I miss him and need him here.”

I could completely understand this wife needing answers. I was separated myself a few years ago and I was absolutely desperate for any answers. I was willing to try absolutely anything to get my husband to come home. And sometimes, I feel as if that were part of the problem. While I was grappling for answers, my desperation got the better of me and I jumped around trying different things and changing behaviors, which eventually just made things worse.

I think that sometimes, the husband is just ready to come home or he just comes to his own realizations. But I think that other times, there are things that some wives are able to do to nudge their husband to come home a little sooner. Through research, I learned some of these methods which really helped me and I will share some of them with you now.

Some Wives Plant The Idea That Their Husband Has Something Meaningful To Come Home To: This is common sense, but it is so often missed. In order for your husband to come home, he will often need to believe that his quality of life with you at home is going to be much better than his quality of life without you away. Sometimes, this isn’t very difficult because your husband is having bad experiences or feelings while he is away. But other times, this can be a little more difficult because, even if the husband isn’t completely happy away, he is able to avoid the conflict and the drama of life at home when the future of his marriage is uncertain.

Coming home sometimes leaves him with an unknown. And since he can’t see into the future, he will often rely on past behavior. If the past leaves you a lot to overcome, then you will have to rebuild the trust and allow him to see how or why things might change when or if he comes home. He must believe that things are going to be better at home not just for the short term or the long term. Sometimes, this takes time and requires you to carefully lay the groundwork.

You’ll want to be patient, understanding, and easy to approach and talk to. If the two of you argue when you are together (or even argue about his coming home,) then he will understandably have doubts about moving forward and coming home. After all, if you can’t get along now, what is going to change once he comes home?

Separated Wives Who Nudge Their Husbands Home Will Often Cultivate A Playful New Dynamic Between Them: Many wives whose husbands are eventually lured back will admit that they were able to put their fear aside, at least while their husband was present. They were able to keep things light hearted and positive, even if they didn’t always feel this way deep inside. They did this because they knew that when things went well with their husband, then he was more willing to see or interact with them in the future. They also knew that keeping things light and playful would help to neutralize what was already a stressful situation. They suspected that focusing on fear and uncertainty was only going to make things worse.

I know first hand that this is sometimes challenging to pull off. Sometimes, you feel anything but upbeat, and you really have to look at the big picture so that you don’t just give into your negative feelings and make things worse. But in the end, it is worth it. As I improved my attitude, our relationship improved. And my husband was more willing to spend time with me. And as he was more willing to spend time with me, I made each encounter count so that things continued to get better and better.

Successful Wives Don’t Try To Rush Or Push Their Husbands To Come Home Before He’s Truly Ready: Here’s one last important point. When things are going well, it’s extremely easy to be quite tempted to suggest that your husband comes home the second that your situation improves. Sometimes, this is a mistake. It’s often better if you can wait for him to suggest that he is ready to come home. At the very least, make sure that he is enthusiastic and willing before you suggest it. Because, if you suggest it to soon, he may well think that your light hearted and easy going attitude was only meant to get him home. He may worry that once he gives in and comes home, you’re going to drop the act. And this is the last thing you want. You want for him to not only believe that things are going to change and improve, you want that to be the truth so that your marriage not only reconciles, it lasts for the long haul and it makes you both happy.

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Source by Leslie Cane

Views: 0

October 8, 2019
Health Insurance: The Race Against the Clock

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There is still time for Congress to pick up the pieces of changing the healthcare system to help stabilize it. The fate of the Affordable Care Act is yet to be determined. In the meantime, people wait while paying extremely high premiums and have mountains of out-of-pocket bills on the kitchen table. Where is the affordability of the Affordable Care Act?

Tick Tock for the insurance companies as well. They are under a timeline for filing dates this summer. Insurance companies have time to decide if they will still offer ACA plans or not. By withdrawing ACA plans, things will start moving back to before the law was signed. This time capsule can be good for many.

The insurance companies may begin screening for health conditions. Do not panic just yet! Years ago, the only problem with pre-existing conditions was not 'if' an insurance company would take you, but which one. Each insurance companies had personalities for health conditions. Just because a big name insurance company turned someone down, that did not mean you could not get health insurance from another company. Insurance brokers just had to match the personality with the insurance company. It is as simple as that.

If nothing happens by late March, we could be moving into more increases on the health plans in 2019. This is terrible news for folks on the brink of losing their health insurance due to cost. Not everyone does well enough to pay for their health insurance with no problem, and much more do not qualify for any government subsidies for the premiums.

Governors in Alaska, Ohio, Colorado, Pennsylvania, and Nevada came up with "A Bipartisan Blueprint for Improving Our Nation's Health System Performance." It brings together a high-level overview of what some changes should occur. It does not get specific enough to make a difference. Maybe it is too soon at this point. However, policyholders need some answers, and hard proof something will change that will benefit them.

Collective action by 20 US States recently sued the federal government claiming the law was no longer constitutional after the repeal of individual mandate starting in 2019. Individuals and families not having ACA compliant coverage will no longer be fined a tax penalty in 2019. The Individual Mandate was the very rule that was determined by the Supreme Court in 2012 saying it was constitutional as a tax penalty.

The future of the law and health plans are yet to be determined. Since 2014, it seems that most policies are changing every year. Every year the premiums go up, and the policies cover less. At what point is the breaking point? With this race against the clock, we will have to wait until the clock stops to know if we have real change coming.

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Source by Butch Zemar

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October 8, 2019
Customer Satisfaction Management
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General understanding of consumer satisfaction or dissatisfaction is the result of differences between consumer expectations and performance perceived by consumers. From the various definitions of consumer satisfaction that have been researched and defined by marketing experts, it can be concluded that customer satisfaction is a behavior response consumer in the form of after-purchase evaluation of an item or service that they feel (product performance) compared to consumer expectations.Consumer satisfaction is very dependent on the perceptions and expectations of consumers themselves. Factors that influence consumers’ perceptions and expectations when making purchases of goods or services are needs and desires felt by consumers when making purchases of goods or services, past experiences when consuming these goods or services and experiences of friends who have consume these goods or services and advertising.In a competitive environment, an indicator that can show customer satisfaction is whether the consumer will buy back and use the product in the future.

Customer needs are fulfilled is one of the factors forming Customer Satisfaction (Customer Satisfaction), in addition to other factors related to Customer Service. And this customer satisfaction is what we need to ensure the continuity of our business. Aspects that can affect customer satisfaction effectively [13], namely:

1. Warranty costs. Several companies deal with the warranty costs of their products / services through a percentage of sales. The company’s failure to give satisfaction to customers is usually because the company does not provide guarantees for the products they sell to customers.

2. Handling of complaints from customers. Statistically this is important to note, but it is often too late for companies to realize it. If complaints / claims from customers are not immediately resolved, customer defections cannot be prevented.

3. Market Share. It is a matter that must be measured and related to company performance. If the market share is measured, then the quantity is measured, not the quality of the company’s service.

4. Costs of poor quality. This can be of satisfactory value if costs for customer defect can be estimated.

5. Industry reports. There are many types and industry reports, as stated by J.D Power in Bhote, which is the report that is the fairest, most accurate, and most eagerly made by the company.Guiltinan [14] argues that one of the benefits of customer satisfaction is that it can increase customer loyalty, as shown in the figure below

Customer satisfaction is an emotional response to the evaluation of the consumption experience of a product or service. Kotler defines customer satisfaction as the level of one’s feelings after comparing the performance (or results) that he feels compared to his expectations (Kotler, Philip, and Garry Armstrong, 2005). Basically, customer satisfaction includes the difference between expectations and performance or the results obtained.

According to Kotler [1], satisfaction is feeling happy or disappointed someone who appears after comparing between perceptions or impressions of the performance or results of a product and expectations. So, satisfaction is a function of perception or impression of performance and hope. If the performance is below expectations, the customer is not satisfied. If the performance meets expectations, the customer will be satisfied. If the performance exceeds expectations, the customer will be very satisfied or happy. The key to generating customer loyalty is to provide high customer value.The relationship between customer satisfaction and loyal customers is disproportionate [2], for example, customer satisfaction is ranked on a 1-5 scale, namely:

1. Customer satisfaction at a very low level (level 1), most likely customers will move away from the company and speak ill of it.

2. Customer satisfaction at level 2 to level 4, customers feel somewhat satisfied, but it is still possible to move when a better offer appears.

3. Customer satisfaction at level 5, customers are very likely to buy back and even disseminate good news about the company.

High satisfaction or satisfaction creates an emotional bond with the brand or company and is not only fixated on reasonable choices.While satisfaction according to Kotler and Armstrong (2001: 9): Consumer satisfaction is the extent to which the assumption of product performance meets the expectations of buyers. If the product’s performance is lower than the customer’s expectations, the buyer is satisfied or very happy. According to Zeithaml and Bitner (2000: 75) the definition of satisfaction is: Consumer response or response regarding fulfillment of needs. Satisfaction is an assessment of the features or features of a product or service, or the product itself, which provides the level of consumer pleasure related to meeting consumer consumption needs. Consumer satisfaction can be created through quality, service and value.

Customer expectations are believed to have a large role in evaluating product quality (goods and services) and customer satisfaction. Customer expectations basically have a close relationship between determining quality and customer satisfaction. Customer expectation always exists because of four things (Kertajaya, 2004):
1. Individual Need or individual needs
If your customer already has high demands, then his expectations are definitely high too.
1. Word of Mouth
Customers can have certain expectations because of other people’s stories. Other people’s stories are often seen as references.
1. Past experience or past experience
People who already have good experience in the past will be able to receive services at least the same as they used to be. If not, he will be disappointed.
1. External communication or external communication
It is an attempt by the company to promise something to customers in order to attract customers.

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Source by Yufi Priyo

Views: 0
October 8, 2019
Is Equitable Distribution of Marital and Non-Marital Assets the Same As Equal Distribution?

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No, equitable distribution of marital and non-marital assets is not the same as equal distribution. Equal distribution states, known as community property states include California, Louisiana, New Mexico, Washington, Arizona, Idaho, Nevada, Texas, Wisconsin, and by agreement of both parties, Alaska. All other states distribute marital assets using the term "equitable" which, in legal terms, means "fair" distribution of assets. (Debts are also termed marital and non-marital and will be distributed equally or equitably according to the parties state of residence). The actual fairness of the distribution will depend on if a couple can negotiate their own equitable distribution through the mediation process, required in Florida, for example, or if a judge must use his or her interpretation of what will be fair for each party, particularly when looking into the past for who contributed what to the marriage and into the future for how each party will continue to manage as a single, now responsible for their own welfare.

Non-marital assets include all property, real and otherwise which a party obtained before the marriage took place. For example property such as a home, high-end furniture or electronics, valuable jewelry, and / or a vehicle, if completely paid for by a party prior to his or her marriage would be termed non-marital and be retained by that party. Also property real or otherwise, if sold during the marriage could provide profit belonging to the owning party to be used at his or her discretion. An inheritance or specific gift can also be termed non-marital. Substantial proof of the pre-marital ownership or post-marital acquisition of all non-marital assets will be required before the actual acceptance of an asset as non-marital.

Marital assets are all property and items accumulated and / or purchased during the marriage. Monies earned during the marriage are also looked at to determine what each party has contributed to the welfare of the union. It is important to understand that, for example, a woman or man who has stayed home to care for home and children will have their years of non-monetary work be given a value which will compute into dollars when figuring the actual equitable distribution. The lifestyle of the family and how each party will be able to continue following the final judgment will also be a factor when a judge decides the final distribution. Remember, "fair" is the keyword is making an equitable distribution. Length of the marriage, the parties economic situation, contributions to the education or career or the other party, the need to keep an asset such as a business or family heirloom, severe waste of assets during 2 years prior to filing, and the wisdom of retaining the marital home, particularly if minor children are involved are all considerations when determining equitable distribution. A complete list of considerations for equitable distribution of marital assets and debts in the state of Florida can be found in Florida Statute 61.075.

As can be easily seen, the whole issue of determining marital versus non-marital and equitable distribution involve a whole maze of considerations. An experienced legal professional will be able to help his or her client sort out the many in and outs, as well as help collect the necessary proofs needed. And finally, if you are serious about a dissolution of your marriage, try to the best of your ability to work out your final agreement during your meditation when you and your spouse can determine the equitable distribution for yourselves. A lot of feelings can be hurt when a judge is the one to tell you what you can and cannot keep. Finally, if the equitable distribution decided on during mediation is extremely one-sided a judge can refuse to sign the final order, so be fair, "equitable" and all will benefit.

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Source by Grant J Gisondo

Views: 0

October 8, 2019
Don’t Ignore These Telltale Signs of Drug Abuse in Teens
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Drug abuse has for a long been a problem among teenagers with peer pressure as the key factor driving it. Despite being well documented, parents and caregivers tend to ignore the apparent symptoms of drug abuse in the growing children. The early instances of drug abuse evoke far greater health consequences in this age group than in any other group.

One of the reasons behind the increase in the severity of repercussions of drug abuse is that during adolescence both body and mind are still in the process of development. Apart from the fact that drugs can alter brain chemistry and structure, illicit drug use among teenagers can increase vulnerability to motor crashes and instigate risky sexual behavior. Additionally, drug abuse increases suicidal tendencies, assaults, symptoms of mental health conditions and dropout rate at schools.

Illicit drug use also entails legal and social consequences, such as increase in incidents of violence, criminal activities and neglect, as well as a higher likelihood of abusing drugs in later life. In addition, pregnant teenage girls who continue engaging in drugs are at risk of harming the fetus and themselves in many ways.

Absence of evidence is not evidence of absence

Nurturing and caring for a teenager is no easy task. The bumpy journey of growth that includes a number of transitional phases, ranging from hitting puberty to adolescence, yearning for dependence to realizing independence, “I love you” to “I hate you,” to confronting life without a safety net to making sense of it all, can mislead parents, guardians and caregivers, especially when their children are on drugs.

Even in the absence of any evidence, it is important that parents who feel that something is wrong with their children trust their hunch and take significant remedial actions, such as talking to their children or seeking professional help.

One of the most practical tools to address the problem of drug abuse among teenagers is communication. Usually, drug-using teenagers develop traits that assist them in concealing their growing addiction-related practices.

They also spend their time incommunicado. When a teenager displays odd behavioral patterns, such as not being themselves after a social event, being vague about the details of the movie watched, getting home beyond curfew, avoiding interaction or getting close to their parents, it is best to investigate to safeguard their health and life.

Some of the below-mentioned warning signs specified by the National Institute on Drug Abuse (NIDA) can assist parents in keeping a check on their adolescent children:
- A change in peer group
- Carelessness with grooming
- Poor academic performance
- Increased absenteeism
- Loss of interest in favorite activities
- Changes in eating or sleeping habits
- Deteriorating relationships with family members and friends
Although the 2016 Monitoring the Future (MTF) survey of drug use among American teenagers suggests decline in the past year use of illicit drugs, except marijuana, alcohol and drug use amidst teenagers is a major public concern. In addition, there is substantial evidence that drug use in early years increases the likelihood of a teenager developing substance use disorder and the symptoms of mental health conditions in their adulthood. However, early intervention is known to reduce and treat these conditions more successfully compared to those who let the abuse linger or get treated late.

Pull the plug on drugs

The earliest warning signs of drug abuse among teenagers are changes in their behavior and mannerism. Usually, addressing a teenager’s drug abuse habits can be an unpleasant ordeal, which is at times riddled with extreme opposition from the patient.

Therefore, it is important that parents communicate with their adolescent children about the life-threatening consequences of drug abuse. They should also discuss about the ways that can assist in overcoming the challenge of drug abuse. They can guide their children in the right direction through their love and care.

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Source by Courtney Whetstone

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October 8, 2019
What Is Regenerative Medicine?

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When Adrienne Shapiro’s daughter Marissa was diagnosed with sickle cell disease, the doctors said that she would not live till her first birthday. However, when Marissa managed to live past that benchmark, it did not mean the end of Adrienne’s worries. In fact, it was the beginning of many painful years of blood transfusions and immunological disorders. When an improperly matched blood transfusion caused a severe reaction leading to the removal of Marissa’s gall bladder and temporary kidney failure, she was unable to receive further blood transfusions.

However, luckily for Marissa a project sponsored by the California Institute for Regenerative Medicine (CIRM), headed by Don Kohn, MD at UCLA, was starting a clinical trial. The objective of the project was ‘to remove bone marrow from the patient and fix the genetic defect in the blood-forming stem cells. Then those cells can be reintroduced into the patient to create a new, healthy blood system.’The success of this clinical trial has given hope to Adrienne that with the help regenerative medicine her daughter will be able to lead a healthy and pain-free life.

The Stem Cell & Regenerative Medicine Center at the University of Wisconsin-Madison describes ‘Regenerative Medicine’ as ‘a new scientific and medical discipline focused on harnessing the power of stem cells and the body’s own regenerative capabilities to restore function to damaged cells, tissues and organs.’

Stem cells that are found in the umbilical cord blood of new born children have the ability to renew and regenerate themselves. A stem cell, through the process of mitosis, can divide itself to either become a specialized cell like a brain cell or muscle cell, or remain a stem cell. They are also able to repair internal damage caused by any type of disease, disorder or trauma. Stem cell transplantation, stem cell grafting and regenerative medicine are some of the ways in which these cells are used to cure disorders and illnesses.

Regenerative medicine includes a wide range of scientific disciplines, such as biochemistry, genetics, molecular biology and immunology. Scientists from these fields have been conducting research and studies in this domain and have identified three methods of using regenerative medicine. They are cellular therapies, tissue engineering and medical devices and artificial organs.

Cellular Therapies – In this method, cellular materials, in most cases adult stem cells, are extracted and stored and then injected into the site of injury, tissue damage or disease. These cells, thereafter, repair the damaged cells or regenerate new cells to replace the damaged ones.

Tissue Engineering – This method is related to the field of biomaterials development and utilizes a combination of functioning tissues, cells and scaffolds to engineer a fully functioning organ which is then implanted into the body of the receiver in place of a damaged organ or tissue.

Medical Devices and Artificial Organs – When a body organ fails, the most common method of treatment is to replace it with a donor organ. Donor organs are not easily available and can pose as a hindrance in such cases. Even if a donor is available, he or she may need to take immunosuppressant drugs before the transplant and these drugs have been known to cause side-effects. In such circumstances, medical devices that imitate the function of the failed organ can be used, instead of transplantation. An example of one such device is the ventricular assist device (VAD) that is used in place of heart transplants.

Since regenerative medicine deals with the use of stem cells, it occasionally requires embryonic stem cells for research purposes. This use of embryonic stem cells can often give rise to questions regarding ethics and legality. The laws and regulations concerning regenerative medicine are different in different countries. Creation of human embryos for research is only legally permitted in three countries. Majority of the countries only allow extraction of cells from surplus IVF embryos. A recent study, related to human embryonic stem cells (hECS) research policy, was conducted which revealed that UK, Sweden and Belgium were very permissive in authorizing the creation of human embryos for research, whereas, Luxembourg, Austria, Poland and Ireland had no laws regarding hECS. The legislations regarding hESC in most other countries range between being mildly restrictive to very restrictive.

Regenerative medicine is the future of modern medical treatments. Scientists are conducting clinical trials and studies every day to further enhance and improve in this area of medicine.

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Source by Richa Verma

Views: 0

October 8, 2019
Ready for a High Impact Mindset Reset?
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Your mindset, your thoughts, can buoy you up, inspiring you to take courageous action, or they can drag you down, keeping you up at night with worry and paralyzing you with fear. Even though our brains are wired to dwell on the negative, on past mistakes, how we think in this moment is something we can control.

Changing our minds in the present moment can be hard work! I know from experience that when things aren’t going well, one of the toughest things to do is to turn your mind from impending doom to what is possible and what can be done.

The good news is that the more you practice these mindset boosters, the easier they become. They do, in fact, become habits that kick in when you need them the most.

The even better news is that the more you practice them, the more impact both you and your company will have. Staying on track and not allowing yourself to be pulled down will save you a lot of time and energy. The time and energy you free up can be spent on your company’s financial performance and having impact.

S0 let’s look at ways you can do a mindset reset and the practices that will support you in doing so:

The Future Doesn’t Just Happen – You Shape It Every Day

Have you ever seen or read about people in the direst of circumstances who are transcendent, happy? And others who seem to have everything, and yet feel deprived? The way you choose to think about a situation, the parts of yourself that you call on, even dig deep for, are what determine your present and your future. Your thinking is integral to your character.

When things look negative, question it. There’s always a way to think about a situation that includes a gift, an opportunity. This may seem contrived at first, but think about situations where you’ve suddenly had a shift in perspective and a solution appeared, seemingly out of nowhere. That’s the effect you want to be able to call on.

“Circumstance does not make the person,

it reveals the person to himself or herself.”

~James Allen

People become leaders of successful, impactful companies by becoming the people who can lead those companies first. They walk with integrity. They make smart decisions. They step up and into opportunity with courage. They acknowledge their fears, but don’t indulge them. They learn and grow.

You are becoming the leader of your high impact company right now, in how you show up every day. Treating people with respect. Listening to ideas. Choosing how you use your time and energy. Making decisions with your mind AND your heart.

You can shape your future by consciously developing the mindset of the leader who leads your company in these ways.

Doubling down on mission is one way to ensure that your company moves more in the direction of your impact. New Belgium Brewing became a benefit corporation in 2018, ingraining its commitment to internal and community impact in its legal framework, and is now the fourth-largest craft brewery in the US.

Fear and Getting Through the Storm

We all have fears. Fears about how the company will do financially this year, about that crucial new hire who looks promising but is unproven, or about how your new offering will fare in a busy market. Fears can abound, especially if nurtured and given attention.

“The future you constantly worry about

Is nothing other than a projection of fear and desire from the past.”

~Thich Nhat Hanh

Fears can instead be a tool, an indicator. They can lead you to research, to ask good questions, and to explore options. As long as you don’t allow fears to take over the present, they can actually be valuable.

One way to be vigilant about fears is with mindfulness. Mindfulness, that focus on the present, is more than a business fad. It’s a practice that decreases stress and increases productivity.

The leaders of outdoor apparel maker Patagonia are committed to using their successful company as a vehicle to put mindfulness into action. Patagonia founder Yves Chouinard describes navigating what could be a terrifying Class 4 rapid as a teaching:
- look ahead and prepare
  - be proactive
  - don’t ignore what is coming
  - think through scenarios
  - do what is necessary to get ready to the best of your ability
  - trust that you can handle whatever happens
- go into a drop
  - take calculated risks
  - once you decide, follow through wholeheartedly
- read the river
  - be vigilant
  - be perceptive
  - adjust as needed.
That intuitive process has helped guide his business for the last 50 years. Chouinard believes that if the process isn’t sound, if your intentions don’t come from the right place, the outcome, even if profitable, doesn’t matter.

Practicing wisdom by making decisions from a place of love rather than fear can open the door to creative solutions. When Patagonia’s CEO Casey Sheahan was faced with laying off 150 employees during the financial crisis, shortly after he took over from Chouinard, he was torn up about the decision. His wife asked him, “Are you making this decision from a place of fear, or from a place of love?” When he realized that it was fear driving the layoff decision, he found another way, leading to unheard-of sales levels after a few rocky quarters.

Fear can be a driver of decisions and actions, but they don’t have to be. Elizabeth Gilbert in her book, Big Magic, tells the story of treating her fears like an inevitable passenger on a road trip. Fears can and will be there, but they can Never. Ever. Drive.

Focus on Your Impact

Do you find your Impact Purpose, a clear statement of the impact you want to have, inspiring? Does it fill you with energy? If it doesn’t, at least most of the time, you might be on the wrong track. Your clarity about the impact you want to have, whether it’s social or environmental or both, can serve as the rock on which you build your impactful business.

When you steadily focus on your Impact Purpose, you’ll find your thoughts turning from short-term pain to what you could achieve in your business and community. This thinking about others, and not just yourself, is a way to bring you out of the doldrums or away from unhelpful divergent thinking, and back into focus on your impact.

Reinforce this by having your Impact Purpose statement in front of you, every day. Have it on your desk or screen. In your wallet. On your fridge. Wherever you will be regularly reminded of what you intend, personally and with your company.

Plan your day and week with your Impact Purpose in mind. Include it in your decisions about how time, money, and resources will be spent, and with whom. Thoughts aligned with purpose are a powerful creative force. Fill your attention with something worthwhile.

The greatest achievement was at one time a dream. Stay with your dream. It’ll be part of your becoming.

You Are the Company You Keep

You may have heard the notion that you are the sum of the 5 people you spend the most time with. That speaks to the influence that those around you have on your thinking and therefore on your actions.

Some companies who are committed to having impact take this to a highly conscious level. Design firm LimeRed, led by Emily Lonigro Boylan, only works with individuals or organizations that have social impact. LimeRed only engages with clients whose values they share, who are kind and innovative, and who are also accountable to their stakeholders and communities.

You as a business leader can also take this to another level by incorporating it into decisions about who you include on your team, your suppliers, and your partners. Do you vet who you work with every day through this lens? Do you extend this to your advisors, your pet projects, and your friends?

You’re more likely to have impact when you devote all your energy and resources toward people and companies that also want to have impact in harmony with yours.

Your mindset matters to your own fulfillment and well-being. It matters to your company, as you engage with your community and the larger world. Optimize your opportunity to have impact by doing this mindset reset.

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Source by Ursula Jorch

Views: 0
October 8, 2019