Overtime pay, which is payment employees receive for the extra hours of work that they render in excess of the required eight-hour workday or 40-hour work during a week is hard-earned money for many rank-and-file employees. Not all employees are eligible to render overtime, though. Those who are eligible to it, known as “nonexempt” employees, take advantage of it as often and as much as they can, therefore, for the extra money they can earn.
A few of those who are not eligible to render overtime, also known as “exempt” employees, are: professional employees paid on a salary basis; those occupying administrative or executive positions; salespeople whose work is outside the office; volunteer workers; independent contractors; those employed in recreational or seasonal amusement businesses, and conference centers or organized camps which operate for less than seven months in a year; some switchboard operators; seamen; newspaper deliverers; and, criminal investigators.
Employees in business firms that are covered by a state’s overtime law or by the Fair Labor Standards Act of 1938 or FLSA, also known as the Wages and Hours Bill, are automatically non-exempt employees – thus, they are eligible to overtime work and pay. The FLSA, which the U.S. Congress passed into law in 1938, directs businesses and sets the regulations regarding child labor, record-keeping, overtime pay and minimum wage; it was enacted to benefit every employee, full-time or part-time, whether in a private or public firm. In connection to the FLSA, the Portal-to-Portal Act was executed in 1947; it stated that any work performed on behalf of the employer is work that ought to be compensated.
Besides ensuring that employees are never taken advantage of by their employers, the FLSA stipulated the eight-hour workday and the 40-hour work week to allow employees in the U.S. to work productively, while giving them enough time with their families, as well as enough time for proper rest; increase the work hours and you start denying your rank-and-file employees family time and the relaxation that keeps them sane and renewed every time they go back to the worktable.
While protecting the rights of the employees, the FLSA is also actually benefiting businesses too. It was never meant to undermine the interest and profitability of firms. Thus, any employer attempt to violate the rights of non-exempt employees to overtime work and pay should be dealt with legally to give to employees what they rightfully deserve and to end such unjust practice in the workplace.
According to Houston business lawyers of Williams Kherkher, it is not rare for employers to come up with inventive ways to deny people the overtime pay they deserve. Some reasons employees may not be receiving full compensation for their work that may qualify them to file an FLSA overtime claim include:
- Their employer does not compensate them for the time they worked “off-the-clock” even though the work is related to their job, including pre-shift meetings or the time it takes to don safety gear;
- Their employer misclassifies them as exempt from overtime pay; and,
- Their employer miscalculates their overtime pay.
Employees should know and understand that being denied of overtime pay gives them the right to file a legal complaint against their employer for whatever damages this act of denial or discrimination has caused in them.Read More
One of the common side effects of chemotherapy is temporary hair loss. After stopping from treatment, patients can expect to see their hair growing back after 3 – 6 months. But one particular drug that has caused much distress to cancer patients is taxotere. Manufactured by Sanofi Aventis and approved by the Food and Drug Administration in 1992, the drug has been associated with permanent alopecia, a side effect that Sanofi concealed to patients.
The website of Williams Kherkher revealed that approximately 10 – 15% of women who used taxotere reported no hair growth for a period of ten years after stopping treatment. Sanofi marketed Taxotere as the more superior chemotherapy drug compared to its competitors. Recently, however, studies showed no indication of the superiority of Taxotere over its competitors.
Sanofi Aventis has recently been the subject of lawsuits filed by cancer patients. A Taxotere alopecia attorney will tell you that Sanofi showed negligence in not informing patients of the serious side effects associated with Taxotere. Some of the grounds for filing a taxotere lawsuit include the following:
- Failure to warn. Although the Taxotere product information suggested possible hair loss, there was no warning that such hair loss would be lasting in nature.
- Fraudulent misrepresentation. Lawsuits also alleged that Sanofi misrepresented itself by claiming that rigorous testing has deemed Taxotere as safe and effective for its intended use.
- Misleading marketing. Plaintiffs also claimed that Sanofi deceived customers by making them believe that hair loss was temporary and that hair would grow back. Likewise, it deceived customers when it marketed taxotere as more superior than its competitor Taxol.
- Non disclosure of hair loss risks. Despite relevant findings from the GEICAM 9805 study revealing long term hair loss in Taxotere patients and additional reports from female patients, Sanofi allegedly concealed such information to patients and health care providers.
When couples decide to end their marriage and file a divorce case, one of the issues that is usually tackled is that of the children. Raleigh divorce lawyers will tell you that the best interest of the children has a huge effect on the decision of the judge. Kids usually have a hard time coping up with the situation about their parents. Here are some of the issues that can have an effect on the decision of their parents.
1. Only the parents get divorced but not the children
Even if the parents have decided to part ways, the children will still look at their situation as a happy family. NO matter which house their parents will live, the child will always have their parents on the top of their minds.
2. Children will associate with the same-sex parent.
There is a saying which goes, “Like father, like son” or “Like mother, like daughter.” In this case, the son will choose to go with his father in the same way that a daughter will choose to go with the mother. Regardless of their father or mother’s shortcomings, the child will still look at them as a good example and will just work out the flaws.
3. The best interest of the child is always the priority
In a divorce case, one of the biggest victims is the child. There are times when one of the spouses will feel for their children and feel hurt for them. If you are worried that your child has developed a feeling of abandonment, hurt, or scare, as a parent you should deal with what you are feeling first.
For children of parents who have opted to divorce, one of the biggest issues that need to be addressed is what they will feel and how they will cope with their current situation.Read More
When you believe that a government agency is responsible for your car accident, then there are important steps that you should take in order to make a strong personal injury or car accident claim. According to Williams Kherkher, a government entity or agency can be held accountable for a car accident if they neglected their duty to keep the road reasonably safe, which lead to poor road conditions. The government agency can be legally off the hook if they were not aware of the poor condition of the road or that they provided enough warning signs that the motorists did not heed.
In order to make a strong case, the first thing to do after being a car accident (after getting necessary medical care) is to get important and relevant information. Make sure that you have record important information such as the location of the road issue and where the accident occurred, as well as significant landmarks of establishments that could help locate the area. Next, list the name of the road where the accident happened and the direction with which your vehicle was driving. Another important factor is the details of the road condition that caused the accident, such as the size of the pothole, no warning signs, etc. Lastly, get contact information and names of possible witnesses that may help validate your claim.
There are time constraints for these legal processes so it is important to know the statute of limitations so that you will not lose your right to file a claim. Regardless of whether you want to file a claim or not, you still have the responsibility of reporting the incident so that the government can address or fix the poor road conditions and avoid future accidents.Read More
We only want the best for our loved ones. That’s why we are channeling a substantial amount of our time, effort, and resources just to get the best nursing home that would look after them and take care of their needs. However, can we really be sure that our loved one is getting the care that they truly deserve? Furthermore, can we really guarantee that our loved one is free from any form of nursing home abuse?
According to the website of the Law Offices of Ronald Resmini, more than a third of long term care homes in the country have been in violation of the federal law on the abuse of the elderly. Also, more than 90% of nursing homes are understaff, not to mention a survey that revealed that more than half of nursing aides have admitted to mistreat their patients at least once for the past 12 months. These shocking numbers tell us one thing: that our elderlies are not safe, and so we have to be vigilant enough to detect any signs of nursing home abuse.
The physical manifestations of nursing home abuse are:
- Unintended weight loss
- Dehydration, malnutrition
- Bed sores, rashes
- Unexplained bruises, broken bones
The emotional manifestations of nursing home abuse are:
- Anxiety, lack of vigor and affection
- Fearfulness, especially when a nursing home aide is around
- Lack of personal hygiene, or the reluctance in keeping oneself clean
- Lack of motivation to socialize, wants to be alone
The financial manifestations of nursing home abuse are:
- Missing items/valuables
- Unexplained withdrawals
- Ignored requests for needed medical assistance
- Forged documents to extend custody
Abuse is punishable to the fullest extent permitted by the applicable law. The only challenge, however, is that most cases of nursing home abuse remain unreported and undocumented. One way to report an a suspected elder abuse is by contacting Adult Protective Services (APS), which has presence in every state across U.S.Read More
The state of California is one of the most populated and busy states in all of the US, so it does not come as a surprise that there is a significant amount of pedestrian accidents that occur all over the state. When a pedestrian gets hit by a car, the first legal claim would be against the motorist who hit the victim, but there are also some circumstances there a claim can be filed against a municipality. This occurs when the place where the accident occurred was unsafe or if traffic devices were not working properly, leading to the accident.
According to the website of Williams Kherkher, one of the complications following a pedestrian accident is when the driver of the vehicle immediately left the scene. This would then be called a hit-and-run accident, and can make an injury claim and compensation very hard to win. Health and disability insurance may ensure that injuries will be covered regardless of whether the driver who hit you is able to pay compensation or not.
Despite being a “defensive driver” you can never be too sure of the actions of other people while they are on the road, therefore being clam and alert is important when sharing the road with others. It is not only the driver’s responsibility to drive safely; pedestrians who are on the road should also be paying particular attention to the roads and make sure to be visible to other motorists so that they are visible. Since pedestrians are often not wearing enough protection, even a small accident can lead to serious injuries, therefore being aware and alert and following traffic signals should be practiced in order to avoid being involved in a pedestrian accident.Read More
Say that you, after years of working very hard, are now able to afford a car. Not just any old car, you don’t want one that breaks down after making one turn, right? Buying a cheap car only to find out that the repairs are going to cost more than what you thought you were buying it for. Some sellers might make it look like the best deal of your life, only to have some secrets lurking underneath. When making large purchases like this, it is then of the utmost importance that you are well informed of the property that you are buying.
You don’t want all that hard earned money to go to waste or end up shelling out more than you had initially thought you would have to. And there is almost no other property purchase that is quite as crucial as that of buying a house.
It is then the legal obligation of a seller to provide the buyer with the natural hazard disclosure (NHD) report of the house in question. These documents can range from $50 to around $250, depending on the agent and the quality and the warranty that comes with it. These reports then tell the buyer of the natural hazards to which the house can be susceptible to, such as if the surrounding neighborhood is prone to fire, flooding, or earthquakes.
These are quite basic facts, however, and easily taken from the internet. There, too, are dangers that may rest within the walls of the house you wish to purchase – and if these secrets are potentially hazardous to the potential clients then the buyer must be aware of these too. For example, if there are hazardous toxins that are present within the house, this could be grounds for there to be a need for a decontamination process for the house before it can be deemed livable.Read More
Xarelto, an anticoagulant, is distributed by Bayer and Johnson & Johnson and quickly rose as a market leader in blood thinners due to the ease of use in comparison to the medical options available at the time. For example, the leading anticoagulant Warfarin required two pills daily and frequent doctor visits to monitor the amount of drug in the blood and prevent bleeding incidents.
Manufacturers of Xarelto advertised the drug to be less of a hassle by not requiring blood tests or constant monitoring by doctors. While the advertising worked to pull patients from similar drugs to the more convenient Xarelto, many patients were experiencing side effects they were not warned about, such as internal bleeding.
Without the frequent blood tests required by other anticoagulants, Xarelto users were suffering an above average occurrence of bleeding incidents. This was made more serious by the lack of antidote for the drug. When an individual taking Xarelto experiences excess bleeding, the patient must wait till the drug leaves the blood system. This process could take up to 24 hours in adult patients.
Types of bleeding that Xarelto is known to cause include bleeding from the rectum, intestinal bleeds, hemorrhaging, and brain bleeding. According to the website of lawyers Williams Kherkher, Xarelto is also known for causing fatal gastrointestinal bleeds. The drug was issued a black box warning, the most serious warning given by the FDA, for spinal bleeding. A serious spinal bleed could result in permanent paralysis.
Since Xarelto is a blood thinner without an antidote, cases of excess bleeding when a patient is using the drug are more serious than in other circumstances. Even minor cuts and bruises can cause severe blood loss or internal bleeding incidents. These types of injuries that do not normally require hospital visits, may then require a costly physician’s assistance to treat injuries caused by Xarelto. Furthermore, minor injuries are capable of becoming fatal when internal bleeding goes unnoticed.Read More
Delaware recorded a 50-year low in number of vehicular crash fatalities in 2013 with 101 people killed but posted a 24% increase in 2014 with 125 traffic deaths. Of these more than 50% were caused by impaired driving and 25% of people who died were not wearing seatbelts.
Car accidents are an extremely common occurrence on US roads and happen much more often than many people realize. An article on the Abel Law Firm website states that nearly 16,500 car accidents happen in the US every day but people continue to blithely go about their business as if nothing can ever happen to them. The reality is, serious vehicular car accidents can happen at any time to any one, and the sad fact is many of these accidents are preventable.
The record lows experienced in Delaware in 2013 was laudable, but ultimately unsustainable because few people understand that when they get behind the wheel of a vehicle, they take on the duty of care to ensure the safety of their passengers and the people with whom they share the road. Drinking while driving, texting while driving, even putting makeup while driving continue to be common occurrences despite the many efforts to increase their awareness of the dangers of this kind of behavior.
Perhaps this is because many of these negligent drivers are not made to bear the consequences of their actions. Serious car accident injuries often come with huge medical bills, rehabilitation costs, and life care expenses, not to mention loss of income and consortium. For those who lose a loved one in a negligent accident are left to cope with the loss of companionship as well as financial support in many cases.
If you have experienced the consequences of negligent car accidents, you have a duty to make the party responsible pay for it. Consult with an experienced personal injury lawyer in Delaware to help you make your statement in a way that will resonate with would-be negligent drivers.Read More
So you need to hire a limousine, but you feel a little intimidated by the many types available. In most cases, the limo company will want to know the occasion, how many people, how long, and how far so that they can give you a quote. As the one renting, however, there are other factors you will want to consider when hiring a limousine.
How much can you stand?
Price is always a consideration, but it is always secondary to value. If you just need to get from point A to point B, then get the cheapest reliable limousine you can find and never mind that it is not in the pinkest of conditions. Better yet, just take a cab. But if you are hiring a limo to impress the boss, a girl, or snotty relatives, you will want to go all out and hire one with all the bells and whistles you can afford.
Just make sure, though, that the price for the service contract is all in, meaning that it includes all charges including the gratuity, fuel surcharges, and the like. If they aren’t, find out what else you are expected to pay for up front so you are prepared. It’s also a good way to compare prices, because some services do offer all-in packages that may come out cheaper in the end.
Let’s face it; you’re hiring a limousine because it looks cool. You don’t hire one because the chauffeur is experienced or the limo service is accredited although these are important considerations too, according to Capital City Limousine; you hire one to boost your image. If you do decide to go limo, choose one that will prop up the image you want to project. There are all kinds of limos to choose from, ranging from the sleekly going-to-the $5,000-a-plate-benefit elegant to the rocking party wagon, so take your pick.
Don’t be content with what a limo service offers. Insist on getting precisely what you want and in all probability you’ll get it.