Sep 28, 2016
It is stated under the Fair Labor Standards Act (FLSA), the the maximum time of work an employer can require form his/her employees is eight hours per day or 40 hours per week. Anything beyond this number of hours would already be treated as overtime work. These daily/weekly hours of work stipulated by the FLSA is to make sure that employees will have enough
time for rest and ample time with their families. Any increase in the daily/weekly number of working hours may render an employees exhausted every day and, therefore, not very inclined to work the following workday.
The Fair Labor Standards Act is a U.S. Federal law that was passed in 1938. It defines the legal daily and weekly number of working hours, the national minimum wage, and the computation of overtime pay, among others. Another law that touches on overtime pay is the Portal-to- Portal Act, which was passed in 1947.
This Portal-to- Portal Act is actually a modification to the Fair Labor Standards Act; is was then intended to make clear various issues regarding pre-work and post-work activities. Both the FLSA and Portal-to- Portal Act do not consider pre and post work activities as overtime work, unless activities performed during these times are directly connected to one’s type of work and performed either in the workplace or anywhere else, so long as it is upon the instructions of the company manager and for the benefit of the company (such as delivery of goods).
Not all employees are allowed to render overtime work, though. Only those who are non-exempt are considered eligible to render overtime work and, so, receive overtime pay. Workers who are exempt, or not eligible to render overtime (as well exempt from receiving the minimum wage, as their wages can definitely be higher) include administrative, executive, professional employees, outside sales employees, certain skilled computer professionals, employees employed in certain recreational or seasonal establishments, switchboard operators of small telephone companies, seamen in foreign vessels, those engaged in fishing operations, farm workers working in small farms, those employed as companions to the infirm or elderly and casual babysitters.
No law is intended to limit any business firm’s operations aimed at earning profits. Strictly observing the mandate of all employment laws will only result to satisfied employees and, thus, (probably) zero discrimination or unfair labor practice lawsuits. As explained by the Leichter Law Firm, however, employers often do not pay workers overtime even if they are entitled to it. This is illegal and employers who act with such disregard for the FLSA hurt their workers by withholding money that they have earned. Violation of the overtime law can result to lawsuits against guilty employers who may be required by the law not only to pay overtime work rendered by complaining employees, but also to compensate them for the troubles and damages they have been made to suffer.
May 21, 2016
Car accidents can happen anytime. According to the website of Williams Kherkher, more than 2 million auto accidents occur in the United States every year.Most of them are severe which could mean expensive medical bills and other expenses. Getting involved in a car accident can be a hassle as you could find yourself getting delayed if you are on your way to the office. If the accident happened in an “at-fault” state, you can make the person liable for the accident. You can be compensated as long as the requirements for negligence are satisfied.
In a car accident case, you can make the other driver liable for damages by proving that they were at fault. This is where having an experienced attorney can come in. Your lawyer will be the one to prove liability and work out the amount of damages you can get. When making a car accident claim, certain elements would have to be present and here they are:
1. Duty of Care
Observing traffic rules, driving slowly, avoiding distracted driving, and others are examples of duty of care. Duty of care means doing your best to ensure the safety of other people or properties. Doing the opposite is negligence and can make you liable for damages.
2. Breach of Duty
Any negligent act by a driver that results to injury or death to another driver violates the duty of care. When you drive recklessly or intoxicated, or use your cell phone while driving, you are breaching duty of care and hence can be held liable when you get involved in a car accident.
3. Causation and Damages
Causation comes in two forms. There is direct cause as well as proximate cause. The former refers to breach of duty as the direct cause for the accident while the latter means that even though there is breach on the part of the driver, it may not have been the direct cause of the accident. A car that runs over a pedestrian who then breaks his leg is an example of direct cause. On the other hand, if a drunk driver loses control of his vehicle, bumps into a utility pole which then falls into a pedestrian resulting to a broken leg is an example of proximate cause.
Damages, on the other hand, may refer to injuries to a person, physical damagae, monetary damages, or pain and suffering. Damages may involve economic and non-economic damages. The first type of damage is quantifiable while the second one is not.
Car accidents can be traumatic for some people especially if the crash caused the death of another person. Be a responsible driver so you would not get into trouble and hassle of car accident claims.
Jan 2, 2016
Having your own swimming pool in your yard is fun, especially for the kids during hot summer days! Not only that; having your own swimming pool boosts your home’s marketability, and may even increase its resale value. However, not all things are good when you have your own swimming pool. According to the website of the Providence personal injury attorneys at the Law Offices of Ronald J. Resmini, LTD., pools can become among the most dangerous place in your home, especially when left unsecured and unmanaged.
Keeping your pool safe should be your number one priority, especially because under the law, pools are considered attractive nuisance. In the attractive nuisance doctrine, a landowner could be held liable if children were harmed after trespassing on his/her property due to an object that is inherently dangerous but are likely to attract kids (in this case, swimming pools). To protect yourself from legal troubles, here are the things that you should consider in keeping your pool safe, even when you’re away:
Secure your pool with fences
Pool fence are the perfect way in keeping trespassing children away from your pool. Not only it saves the kids from dangers, it also keeps you away from the legal trouble of proving that you had not been negligent in securing your pool.
Whenever kids party on your pool, it is important to always be on arm’s reach. This way, you can sense imminent dangers and act on it promptly.
Children would be safer if you will implement simple do’s and don’ts that they have to adhere to if they want to make their swimming party fun and safe at the same time. Prohibiting them from diving into the waters and running on the pool side are just some of the rules that you can establish.
Keep pool water clean
Health dangers, such as Legionnaire’s disease, lurk especially when pools are poorly chlorinated and unmaintained. Keep your pool safe by replacing pool waters regularly. You should also keep the water treated at safe levels to keep pathogens at bay.
Aug 29, 2015
Vehicular accidents remain a pressing issue all over the United States. While the number of motor vehicle crashes has declined in the recent years, the occurrence of such accidents continues to have grave impact on the lives of millions and millions of Americans.
Devastating wrecks are known to result in severe injuries and tragic fatalities. This is especially applicable to accidents where large trucks such as 18-wheelers and big rigs are involved. These vehicles overpower most of the others in the road by sheer size and weight. Any collision involving a large truck and a smaller vehicle can be expected to lead to some very dangerous outcomes. The Insurance Institute for Highway Safety or IIHS broke down the total 3,062 fatalities caused by large truck accidents accordingly: 2,410 of the victims were riding passenger vehicles, 586 were truck operators, and 557 of the victims were bicyclists, motorcyclists, or pedestrians.
There are many reasons as to truck accidents happen. Among the contributing factors are malfunctioning and defective parts. Large trucks make use of a combination of mechanical and computer systems to operate. Issues that occur in any of these two systems can cause very serious trouble for the operator and the other motorists sharing the road. A Tennessee personal injury attorney is likely to have seen that common issues with large trucks that are known to lead to the most fatal wrecks include malfunctioning brakes and defective tires. Accidents can also happen when these large vehicles lack the required amount of upkeep to ensure that all the parts and systems are in order.
When it comes to accidents caused by truck defects and malfunction, it is the trucking companies that are held most accountable for any safety issue. It is, after all, understood that these companies and their operators are doing what they can to meet safety policies and regulations imposed by the government. Manufacturers of the malfunctioning or defective parts responsible can also be held equally liable. As a result, victims of large truck accidents should not hesitate to pursue legal action to receive just compensation.
May 5, 2015
Will you be finding yourself staying in Milwaukee sometime soon? For either business or pleasure, there are more than enough places where you may lay your weary head to rest at the end of the day.
If you’re looking for both the creature comforts of modernity as well as the experience of being immersed in culture and history then the Pfister Hotel is the one for you. Completed in the year 1893, it had innovations that were way ahead of its time like electricity, fireproofing, and thermostat controls. It has, of course, improved its facilities over the years but you can’t help but feel the history oozing out of this place. Right now, it has the largest collection of Victorian art in the world. Its location is also close to some of the best restaurants in Milwaukee as well as the public market.
The Iron Horse is also one of the most famed and sought after luxury hotels that Milwaukee has to offer. Beautiful from the inside out, its décor and refurbishing really makes you feel the history that it has embedded into its walls. Built in the early 1900s, it has retained a lot of the design and is a popular choice for proms and other such memorable events. Rustic, spacious, and armed with a welcoming staff, you are ensured an amazing stay as well as an incredible view of the city – whatever room you’re in.
If you really want a taste of Milwaukee’s history, another superb choice is The Brewhouse Inn & Suites. Previously a closed down brewery, it was converted into the proper standards and now the main brewer serves as a centerpiece that is an important part of not only the Pabst village but also the city as a whole. Quirky, vintage, and homely – a stay at this hotel is bound to be a memorable experience.
Mar 8, 2015
Lawsuits can be quite a pickle to ponder on, especially if you haven’t the knowledge of specialization that is required in order to successfully file a claim and have it be represented in a court of law, should there be a trial for it. There are a lot of strict deadlines to think of and even the littlest bit of evidence can turn the whole thing around in an instant.
These kinds of cases are not the ones that are like the ones you see in Law & Order where everything can be solved in forty five minutes, with commercial breaks. In real life, there are no breaks and often enough, it is far, far more complicated than what most television shows portray – no matter how much you wish things could be that simple.
Now, coming back to the question: are you qualified to file a personal injury lawsuit?
The truth of the matter is that every case regarding a lawsuit of this nature is so complicated every time that it is hardly ever straightforward. According to the website of Crowe & Mulvey, LLP, the circumstances determine the way a case moves due to the fact that there are many contributing factors that could render the situation as one that merits a lawsuit or not.
A personal injury lawsuit is one that requires specialization due to its broad nature, meaning that it covers a lot of ground. There are many types of personal injury lawsuits, some of which then require for the legal team to come up with resources in order to back their clients’ claims as well as treat the injuries necessary. Attorneys handling these types of cases must also be knowledgeable of the effects and aftermath that an injury of whatever caliber is inflicted upon a client in order for the injured to be granted a better compensation deal for the damage sustained.
Some of these claims include instances of child injuries, broken bones, premises liability, defective pharmaceuticals, medical malpractice, et cetera. If you or someone you know has suffered an injury due to the negligence of someone else, contact a professional immediately in order to know if you are eligible to file a personal injury lawsuit or not.
Jan 8, 2015
Most people still remember the case of the 16-year-old Texan who caused the death of 5 people and seriously injured 2 of his own passengers while driving drunk in mid-2013. It caused an uproar because his “affluenza” defense (he was spoiled rotten by rich parents and could not be held criminally liable for his bad behavior) earned him 10 years probation, mandatory rehabilitation, and no jail time.
In reaction, a California lawmaker introduced a bill in January 2014 that would have banned the use of the “affluenza” defense in California courts. The bill was shot down, however, because opponents stated that putting a limit to legal defenses presumed that juries were not capable of making a reasonable determination about the merits of a defense.
However, California does have laws that address the civil liability of parents or legal guardians for property damage, injuries, and deaths caused by a minor’s driving. This is encoded in the California Vehicle Code § 17707, and unlike the section that deals with general liability of parents or guardians for damages caused by a minor’s “willful misconduct” limiting the liability to $25,000, there is no limit to the consequences of a vehicular accident. The website of Ritter & Associates discusses the potential costs of a serious car accident, and they can be huge and life-changing.
In other words, if a minor (under 18 in California) causes and accident that results in injury or death because of negligence or recklessness while driving, whoever signed the license application (usually the parents or legal guardian) will have to pay whatever damages a court determines is appropriate to a certain case. This includes awards for pain and suffering. If the “affluenza” teenager had been a California resident, he may still have gotten off with probation, but his parents could be sued in civil court for the wrongful deaths and personal injuries their son had caused.
If you have been seriously injured in a car accident where the negligent driver was a minor, you can sue the parents or legal guardian for compensation. Find an experienced San Diego personal injury lawyer in your area to discuss your case.
Sep 29, 2014
Aside from the danger of slip, falls, and drowning, another and dangerously hidden dangers of pools, spas, and hot tubs are the drains. Although very visible at the bottom of the pool, these “hidden” dangers have caused a number of drowning accidents and have prompted the creation of The Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) after the victim, Virginia Graeme Baker drowned after getting stuck in a drain. This Act establishes the safety requirements for pool and spa drain covers, ensuring that they meet certain conditions that would lower the chances of entrapment.
The Act was signed into law in 2007, and spas and pools that were constructed since 2009 are compelled to have them. Additionally, this Act forbids the sale, manufacture, and distribution of suction covers and outlets that does not have the necessary safety certification. What generally makes these drains dangerous is their action: they are submerged suction outlet that pumps the water for circulation and filtration. Because of the possibility of it as a suction entrapment danger, the risks of those that are not fastened properly increase the chances of serious injuries to swimmers. Aside from injuries, these risks can also lead to death.
Despite the various laws enacted to protect swimmers from such dangers, the danger is still present and all throughout the United States, pool and spa drain safety is still a major concern. According to the website of Oklahoma personal injury lawyers these risks are not only for children but also for adults. Because of the strong vacuum effect, loose straps, jewelry, and hair, and even body parts can entangled into the suction drain. This could lead to drowning or death.
It may be difficult to file a personal injury claim when the accident occurred within the confines of a private property, but there are still ways that compensation can be awarded, especially if the accident occurred to poor installation of the safety suction drains or outlets or if there was defects in the product. In the event that the accident occurred in a public spa, pool or hot tub, the government can be held accountable for premises liability for failing to uphold and practice safety standards. Consulting with a personal injury lawyer who understands the laws in your state will further explain the chances of winning compensation awards after an unfortunate drain entrapment accident.
Mar 3, 2014
Besides being the fourth largest city in the United States and home to NASA’s command center, another amazing treat that you can find anywhere in Houston is a plate-filled appetizing meal, whatever time of the day.
From burgers, pizza and steak to international cuisine, you will never run out of choices. But there is one food craze Houstonians are buzzing about – fusion cuisine, a combination of the best elements of various culinary traditions. Fusion cuisine is one of the various innovations in the food industry since the 70s; this is basically a result of the influx of immigrants and tourists in this large city.
In fact, this Fall 2013, the people of Houston are bound to enjoy a new set of cuisine, which is Mexican-fusion food, that is guaranteed to tempt their palates. Trenza, which is owned and operated by celebrity chef Susie Jimenez, opened in Upper Kirby the first week of November 2013. It ensures a unique dining experience where patrons can choose to dine in its stylish dining room that has an open kitchen view, in the lounge for casual dining, at the chef’s bar, where you can enjoy a surprise menu while socializing with the chefs and other guests or in private dining rooms for a more intimate and romantic dinner with your loved one.
Trenza, which means braid, will serve Latin menu, its specialty, Indian dishes and (its own style of preparing) world flavors. The real catch, however, is the Latin-Indian fusion which, as Chef Susie, herself, says, includes; “the lamb vindaloo sopes, sizzling shrimp [carpaccio-like], with hot lemon saffron oil and served with crostini], the signature dish is ceviche with jalapeño mousse.”
Besides the unique, great-tasting dishes, restaurant Trenza also offers private cooking classes, daytime cooking classes and set menu classes (to be handled by special guest chefs). Those who just love to prepare special meals will surely to find these classes informative, entertaining and very exciting.
Dec 13, 2013
Choosing garage doors can a bit overwhelming for some, especially for first-timers or for those who have not changed their garage doors for a long time. Today, with the number of options available, it can be difficult and time-consuming to pick the right one to your house. To help you, here are some things that you should consider when choosing your garage doors.
First, choose the right design. There are a lot of options out there in the market, and since the garage door makes up a big portion of your house, it should be something that also compliments your house. You can add windows or panels for individuality or as personal touch. You should also consider the size of your garage door when choosing your design. Choose colors and style that flatter your home.
Next, ensure the safety. Garage doors are generally large moving objects which many people come through, therefore it is vital that safety is strongly upheld. There are options such as pinch-resistant doors that push away fingers which could become trapped between panels, and tamper-resistant brackets that lower chances of accidents or injury from tension on garage door components. Insulation can also provide safety from fire hazards that could occur in the house.
Make sure you choose the right material for your garage door. To help you with this, think about how long you want your garage door to last, how much strain it can take as well as the yearly maintenance that it may need should damages occur. These help determine the type of material you are looking for in your garage door. Another thing to think about is the warranty of the garage door. Lots of manufacturers give warranty to their products, although most does not go over a years’ warranty. Find a manufacturer that gives you the peace of mind when purchasing and using their products.
Lastly, consider your budget. They may seem expensive, but generally garage doors are budget-friendly. Choose the garage door that’s close to your budget but does not compromise all other factors mentioned above. Think that what you choose will have a significant impact on your garage and your home as well, for a long period of time.