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. 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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