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The Fair Labor Standards Act and the Portal-to- Portal Act

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.

Elements of a Car Accident Claim

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.

What can you do to make your pools safe?

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.

Be around

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.

Establish rules

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.

When Truck Defects and Malfunction Lead to Accidents

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.

3 Best Places to Stay in Milwaukee

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.

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