All You Need To Know About The Fair Labor Standards Act

Oct 19, 2016 by

Workers who render overtime work can find some protection from not being paid with the Fair Labor Standards Act. This law requires employers to pay employees who exceed 40 hours of their regular work with a rate of 1.5 times greater than what they usually get. FLSA claims attorneys will tell you that all hours worked that exceed 40 hours in a workweek shall be subject to overtime pay.

The FLSA was enacted in 1938 after the Great Depression. It was a difficult time for American workers as they were experiencing horrible conditions and impossible hours. Since then, the law has been amended several times. Some of the revisions have expanded the coverage of the FLSA by:

  • Requiring male and female workers to receive equal pay for any work requiring equal skill, effort, and responsibility.
  • Providing protection to state and local hospitals as well as educational institutions
  • Implementing strict standards for determining, paying, and accruing compensatory or comp time.
  • Establishing specific requirements on the manner and date employers must pay for overtime work
  • While the FLSA sets basic minimum wage and overtime pay guidelines, there are other things that the law does not regulate. For instance, it does not require the following:
  • Vacation, holiday, severance, or sick pay
  • Meal or rest periods, holiday offs, vacation
  • Premium pay for working during the weekend or holidays
  • Increase in pay and other fringe benefits
  • Discharge notice, reason for such action, or immediate payment of final wages to terminated employees

When it comes to receiving overtime pay, there are exempt and non-exempt employees. For the former, exempt workers are not entitled to additional wages such as overtime an d compensatory time. The latter, on the other hand, are entitled to receive overtime wages, as required by the FLSA. Companies who will not abide by the ruling shall be held liable for the non-payment.

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Proposals that Will Make Trucks More Dangerous and Drivers, More Exhausted

Jun 29, 2016 by

Records for 2013 from the National Highway Traffic Safety Administration (NHTSA) show 3,964 fatal semi-trailer accidents and 95,000 others which resulted to injuries. Despite this big number in injuries and fatalities, the government is cautious on subjecting trucking companies and truck operators to too many restrictions mainly because of the major contribution of trucks in the growth of the U.S. economy. In short, too many laws and restrictions on truck operations can cripple the country’s ability to do business.

The government may shy away from burdening truck operators with higher taxes or higher pay for drivers; however, it should never let its guard down against lobbyists who are seeking and fighting for reforms on laws that will directly affect the safe operation of big rigs, like, qualification of applicant drivers, number of hours or service, safety standard for truck parts, size limit of double trailers, and, maintenance of a record of regular truck inspection. This is because trucking companies’ lobbyists are proposing that:

  • Trucks be allowed to haul loads heavier than the present federal limit, which is 80,000 pounds (this can be made possible if trucks can be allowed to have longer double trailers);
  • Labor costs be reduced through the hiring of lower-paid drivers – those as young as 18; and,
  • Working hours be extended from the already-exhausting 70-hour per week limit to 82 hours a week.

Since 2010, trucking companies and truck operators have been facing the problem of completing all job orders and making timely deliveries while experiencing shortage in the number of qualified drivers which, according to the American Trucking Association, is 48,000. Due to this shortage, a number of operators and employers have resorted to illegal means just to get and complete on time as many delivery requests as they can. Some of these illegalities include hiring of drivers despite their lack of the required skills, failing to further train drivers, failing to properly screen applicants for past records or driving violations, not suspending drivers who incur traffic violations, and requiring drivers to drive longer than the allowed number of service and then asking them to alter their log entry on the number of driving hours rendered.

If a truck driver commits an error while behind the wheel, the results can be catastrophic; but so too will the errors committed by trucking companies and employers. Trucking companies are legally responsible in making sure that laws regarding employee hiring and safe vehicle operation are strictly upheld, as this will greatly affect the well-being of everyone on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their failure to act in accordance with the dictates of the law.

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SR-22 insurance basics in Chicago

Feb 15, 2016 by

A driver or a vehicle owner in the U.S. may be required by the office of the state’s Department of Motor Vehicles (DMV) to have car liability certificate of insurance called “SR-22 insurance” if they have been involved in various incidents that tarnishes their credibility to operate a vehicle.

Like many other states, drivers in Illinois are required to show some insurance proof in the form of SR-22 if they have committed a series of traffic or car insurance violations. Vehicle drivers whose drivers’ license is either revoked or suspended are required to buy SR-22 insurance. Individuals unfortunately feel helpless and frustrated upon thinking that their driver’s license has been void in the state. According to Habush Habush & Rottier S.C.®, a vehicle driver should consider buying SR-22 if they have the following records: DUI convictions, driving a vehicle without insurance, failure to have insurance after an accident and having a minimum of three traffic violations in one year. Individuals getting SR-22 should ask for a quote as prices often vary depending on the individuals’ driving record and they have to pay it in advance. Illinois drivers with SR-22 insurance should understand that they need to show proof of insurance required by the state for a minimum of three years. A driver with SR-22 may be required to carry such coverage for more than three years if he or she has been involved in accidents. On the other hand, drivers with SR-22 may gain the trust of insurance companies and may get regular car insurance if they have not involved in any vehicular accidents or have committed violations while covered by SR-22. Basically, SR-22 is filed by insurance companies to the government department in behalf of the driver. Individuals filing for SR-22 may end up looking for other insurance companies as some insurance carriers do not cover drivers that are considered high-risk. The insurance company often changes the driver’s status to high-risk when he or she applies for SR-22 insurance and that their insurance rates often increase.

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Trucking Accidents

Aug 4, 2015 by

We see it all too often—terrifying and horrendous truck accidents on roadways leaving many fatally or seriously injured. Atlanta truck accident lawyers typically know first hand that truck accidents have often more serious consequences than normal car crashes because of the serious damage a truck’s enormous size can cause. When we see an 18-wheeler on the road, we often drive more carefully and cautiously but this isn’t always enough. Further, many individuals are unaware of the numerous causes of trucking accidents.

Truck drivers are placed under an even larger responsibility to other driver’s on the road operating such a massive vehicle. That is why it can come as a shock that many truck accidents are caused by the driver of the truck being under the influence of alcohol or drugs. It is horrible but all too real cause of some 18-wheeler accidents.

Along with this, mechanical malfunctions can also cause truck accidents and make it nearly impossible for a driver to avoid a collision. But some collisions, like those caused by drunk driving, are avoidable. Actions such as failing to use turn signals, aggressive driving, or driving with an overweight load can lead to terrible 18-wheeler accidents at the fault of the driver or company. Drivers can also fail to ensure that all zones of their truck are clear before making a turn or changing lanes. When these are the causes of a truck accident, an experienced lawyer may be necessary for the victim to receive proper compensation for their suffering. Milwaukee personal injury lawyers usually have seen how 18-wheeler accident victims may not only suffer emotionally and physically but have a financial burden placed on them that is too great to handle without the help of an experienced lawyer.

Truck accidents can be more horrifying than normal car accidents, causing far more damage than many can handle. Victims are often placed under immense suffering to no fault of their own, making the process of receiving fair compensation a necessary one.

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Properly Handle and Prepare a Trust

Aug 3, 2015 by

Setting up a trust is the last thing on people’s minds. With the hustle and bustle of daily life from work to life at home, many of us find ourselves too busy to take time to set up a proper trust for our family members in the case of an untimely death. Even Houston personal injury lawyers will probably tell you that if a trust is not set up properly, it can cause many legal problems for those inheriting the trust and can lead to the trust being mismanaged. Due to this, it can be in an individual’s best interest to take the time to make sure their trust is properly handled and prepared.

A trust is especially useful for individuals for minor children. This can ensure that their children have money set aside for them when they reach a certain age to help pay for school and other costs. Through a trust, you can also control how the money would be disbursed. For example, your children can receive it all at once or be given a certain amount each year. You can even set restrictions on when your children receive this money. This can be a no-school, no money restriction. If they do not go to college, they do not get their trust fund money. If you do not have children, a trust can be set up to send a certain amount of money to a charity of your choice from your estate. Trusts can also help ensure your property is protected.

Setting up and preparing a trust is a process that no one wants to ever go through. It can be lengthy and emotional in many cases. However, in the instance of an untimely death, improperly set up trusts can leave loved ones without the proper guidelines to protect your estate. It may not be fun, but setting up a trust is necessary process for many individuals.

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Workers’ Compensation

Aug 2, 2015 by

Millions of Americans get up everyday to go to work and earn a living. The last thing on an individual’s mind may be the hidden dangers that exist at their workplace. Every year, thousands of Americans are victims of workplace injuries that can have devastating effects on an individual. Not only are they faced with a large number of medical bills, but the loss of income from being put out of work can prove too much for some individuals. In these cases, worker’s compensation can help unload the large financial burden placed on workers. But it is not always easy to receive compensation.

According to the website of Wilson & McQueen, PLLC, many employers and insurers seek to prevent workers from receiving the benefits they need. They can make it extremely difficult for an employee to recover from their suffering and injuries when they need help the most. When this happens, hiring an attorney is a necessary and reasonable option. When individuals feel they have been wrongfully denied the full worker’s compensation they deserve, hiring an experienced lawyer can be essential in ensuring their lawful rights are fully upheld. This is especially necessary if an injury was caused by a product malfunction or negligence of another.

Raleigh worker’s compensation attorneys are aware that workplace injuries are often unavoidable and may not even be the fault of the individual who suffers from the injury.

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Bankruptcy

Aug 1, 2015 by

When we start the long journey of going to college and eventually finding a job, few of us think that we will ever be forced to file bankruptcy. We think that we will find a job that will ensure us financial stability and not in debt. Unfortunately, with the increase of a need for student loans and credit cards, many of us will find ourselves in financial crisis and in piles of debt that can make declaring bankruptcy a viable option. According to the website of the Bradford Law Offices, PLLC, while many have a negative association with declaring bankruptcy, it can be one of the easiest ways to return to financial freedom.

There are many things to consider when filing for bankruptcy. One of the hardest things for individuals to do is to leave emotions out of it—rather than feeling ashamed or embarrassed, realize that bankruptcy can solve many of your financial problems and offer a new start. Bankruptcy can protect you from credit card debt and auto loans. Even though this is true, hiring a bankruptcy lawyer is often a necessary step in ensuring the process is handled effectively. Declaring bankruptcy is a scary and confusing process and an experienced professional can help guide you through it. Although it may seem counterproductive to hire an attorney when you are already in financial crisis, a bankruptcy lawyer is essential in helping an individual understand bankruptcy laws and procedures.

Declaring bankruptcy is something no one expects or wants to go through in their life but it becomes a necessary and helpful step for many dealing with large amounts of debt. Even though it has become associated with negative feelings and emotions for many, bankruptcy can often be the key for individuals to get back on track with their finances and offer them a clean slate.

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Criminal Records Expunged

Jul 31, 2015 by

You’re filling out a job application and come to the part of it that you always dread—have you been convicted of a crime? It may have been years ago but that criminal charge that you faced can affect an individual for years to come. According to the website of the Law Offices of Mark T. Lassiter, many can find that educational, financial, and career opportunities are hindered by their criminal records even if they were found not guilty. Due to this, it may be in an individual’s best interest to have their criminal record expunged or have it non-disclosed.

Expunction and non-disclosure are appropriate in different instances. If an individual is found not guilty or acquitted of a crime, they may be able to have it permanently removed or expunged from their record. If an individual is convicted of a crime, they may be able to have their record sealed or non-disclosed, allowing them to legally not have to disclose their prior conviction on a large number of documents. The assistance of a legal professional may be necessary in having your criminal record expunged or non-disclosed, but the benefits of doing this are countless.

It may be impossible to advance your career or education with a criminal conviction or arrest on your record. Some individuals can even be stifled in their endeavors if they have been found not guilty of a charge due to the stigma placed around a criminal charge. Criminal charges may also have negative financial effects on a person. With a criminal conviction or accusation on their record, many companies will not give loans to an individual. The consequences of this can be endless.

Even years after you’ve completed the necessary punishments of your crime, a criminal conviction can affect an individual’s life negatively and in ways they cannot control. This is why having your record expunged or non-disclosed can change a person’s life for the better and making moving forward in your goals more of a possibility.

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Mobile Apps for Lawyers

Jul 30, 2015 by

If you left your phone at home for an entire day, would you feel that something was missing from your day? Most people would say yes. It has become a normal part of our everyday life to constantly use and check our phones. This is no secret to big businesses and many have begun looking into the developing but strong market of apps for their companies. These apps can be personalized to their specific product or business. There are even companies to help businesses along the way of developing their apps and make sure they properly infiltrate phone’s apps stores. According to the website of Big Momma Apps, they can handle every step of building an interactive iPhone or Android application, from the design to the release. The benefits of this new app market are strong and continue to grow.

One benefit of having a personalized app for your business is the visibility of your brand and company’s logo. This can become especially useful as individuals can have a hard time forgetting your company when they need your services in the future. A mobile app can also be a valuable marketing tool as it is easily advertised and integrated on social media sites like Facebook and Twitter. Further, these apps once downloaded, can use push notifications to notify individuals of upcoming promotions and deals.

Overall, these apps can improve customer experience by making it easier for them to communicate with your company. Consumers are more and more appreciative of things that save them time especially if they are apart of the mobile devices that they are already constantly using. Apps designed specifically to your company can help grow and improve your business in a way like never before.

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Nursing Home Neglect

Jul 29, 2015 by

Watching our loved ones become unable to properly take care of themselves on their own can be one of the hardest things a family can go through. Sometimes the only option for an elderly family member in this state is placing them in a nursing home. When this is the case, the family places a huge responsibility on those running the nursing home. They entrust their family member’s health and well-being in the nursing home employees and have every right to do so.

However, sadly, it is becoming a terrifying reality that many nursing homes neglect those in the home and thus cause serious health problems. Many Louisville personal injury attorneys are familiar with the consequences of nursing home neglect. They can be just as serious as high-profile injury cases such as car accidents and medical malpractice. It can be even harder to recognize when a loved one has become a victim of neglect as many are unable to communicate what they are going through. The website of Habush Habush & Rottier S.C. ® lists different ways nursing home neglect can manifest itself, including malnutrition or dehydration, bedsores, or lack of proper hygiene.

Nursing home neglect is a horrible and often overlooked problem. When we place our loved ones in the care of others, the last thing we expect is that they will be neglected and suffer in the nursing home. It can cause numerous health problems and serious risks to your family members overall wellbeing. When our loved ones are in their greatest need, no family should have to go through the pain and uncertainty that nursing home neglect can cause.

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