What You Can Get from Unpaid Overtime Claims

Posted by on Jun 15, 2017 in Employment Law | 0 comments

In considering federal and state laws, it can be said that most employees who work more than 40 hours a week are eligible for 150% of their rate as overtime pay. The most important word there is “most,” because there are certain employees who are exempted from these laws, such as those who are in administrative, executive, and professional positions paid on a salary basis.

However, according to the website of the Texas employment law attorneys of the Leichter Law Firm, those who are eligible for overtime pay but have not received due compensation from their employers may take their cases to court. If they win their unpaid overtime claims, they may receive the things listed below.

Unpaid overtime compensation

Since the claim is about unpaid overtime, of course the claimant who wins the case gets the overtime pay he claims the employer has denied to him. But how can an employer deny overtime pay anyway? It can be because of legitimate errors, such as misclassifying an employee as ineligible for overtime pay or miscalculating work hours and hourly rates. It can also be because of malicious agendas, such as intentionally denying an eligible employee just to save costs and maximize productivity.

Interest

The claimant can get more than just overtime pay. He can get a lump sum called “liquidated damages,” or a specific amount of money noted by federal laws. The overtime pay he can receive can also increase because of an interest rate set by state laws.

Penalty

If it has been proven that the reason behind the unpaid overtime is a malicious agenda, like when the employer has intentionally denied an employee of overtime pay just so it can save money, the employer may be accountable for additional money owed to the employee. This additional sum usually comes in the form of “liquidated damages.”

Legal fee

Legal representatives and courts are not free. The claimant has likely gambled his own money just to have an opportunity to fight for what he believes is rightfully his. If the claimant’s case proves to be legitimate and is won, the employer may be required to pay for all the legal fees, because they are financial burdens that could have been prevented by the employer anyway if it has paid the employee’s proper wages.

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Outdoor Slip and Fall

Posted by on Feb 22, 2017 in Slip and Fall | 0 comments

You are having a relaxing stroll on the sidewalks of your city and you suddenly slipped and fell because of a slippery substance on the road. The accident has caused you injury, resulting into pain and suffering and loss time at work. Getting injured because of the negligence of another party is one of the most tragic things that can happen to you. This is especially true for slip and fall accidents, because property owners are legally obligated to ensure the safety of their premises to avoid accidents and injuries. Failure to do so may result into premises liability claims.

Common causes of outdoor slip and fall
Slip and fall accidents can happen indoors or outdoors. For indoors, the most common causes are defective railings, stairs, escalators, elevators, and slippery substances. For outdoors, slippery substances and objects that may trip you are also common.

Snow and Ice: Snow and ice can be slippery, especially if the person walking on the area is not mindful of them. It is best to maintain and clean the surroundings to avoid slip and fall accidents caused by snow and ice.

Water: One of the most obvious causes of slip and fall accidents outside is water, as it makes the area slippery. There are also instances where the use of inadequate footwear can result into limited traction and slip and fall accidents.

Trash and debris: Pieces of trash, such as the comical banana peel, can also result into a slip and fall. Debris in the area, such as piles of leaves, may also be a danger to unsuspecting pedestrians. Cleaning the area and removing possible obstructions is a good way to prevent these things from triggering accidents.

Uneven surfaces: The design, maintenance, and materials used in constructing the area may also be factors in slip and fall accidents. Uneven surfaces, such as potholes and cracks, may trip those who are walking in the premises.

Poor lighting: Sometimes, obstructions and slippery substances are easy to avoid, but pedestrians may still find it hard to even detect them if the lighting in the area is inadequate. They may not see the obstructions and trip on them. They may not be aware of the presence of slippery substances and carelessly walk through the area, resulting into slip and fall accidents, and worse, injuries.

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Riding a Motorcycle: A Dangerous Activity due to Driver Negligence

Posted by on Feb 17, 2017 in Motorcycle Accidents | 0 comments

For motorcycle riders, the likelihood of sustaining severe injuries or getting killed in an accident is always higher (compared to car drivers) due to their lack of protective gears other than the helmet. This lack of protection, in fact, makes riders 20 times more likely to die in a crash compared to drivers of passenger vehicles.

Accidents involving motorcycles are either single-bike crashes or multiple-vehicle accidents. A single-bike accident, which is the more common of the two, involves no person or vehicle other the rider and his/her bike. It includes accidents, such as a rider crashing his/her bike to a concrete barrier, a lamp post or any other road fixture, or a rider crashing on asphalt after running on a patch of gravel, sand or leaves, or any slippery object or surface. The National Highway Traffic Safety Administration (NHTSA) points to alcohol use and speeding as the two major causes of single-bike accidents; both factors greatly reduce a riders’ capability to react to emergency road situations on time, as well as make a rider lose control of his/her bike easily.

A multiple-vehicle accident, on the other hand, which may be rarer, but definitely deadlier, involves another vehicle, like a car, an SUV or a truck. This type of motorcycle accident is usually due to driver distraction, impairment due to alcohol or illegal drug, failure to notice an approaching motorcycle or a driver’s simple refusal to acknowledge and respect a motorcyclist’s right of way.

Head-on collision, rear-end collision and side impact are the deadliest types of multiple-vehicle motorcycle accidents as these can easily severely injure, disable or kill a rider. Based on NHTSA records, about 4,500 motorcycle riders die every year, while another 90,000 suffer injuries.

it can be hard for riders to prove that they are the victims in the event of an accident and that it was the motor vehicle driver’s carelessness or recklessness that caused the accident. With the help of a highly-skilled personal injury lawyer, who is well familiar with conducting investigations that can lead to proofs supporting a prosecutor’s claim, however, injured riders may just be a to prove their innocence and receive compensation for their pain and suffering.

The amount of compensation that a personal injury lawyer recovers for his/her clients varies for each case. No two cases are the same, despite how similar their circumstances may be. Compensation or commonly referred to as damages, according to the Ali Mokaram law firm, can be divided into two categories, punitive or compensatory damages. Punitive damages are penalties that a judge will award to the plaintiff that is specifically designed to punish the defendant for their heinous acts. These damages are typically reserved for cases involving tort law and are often used to deter the defendant from doing the act again. On the contrary, compensatory damages are designed to help the plaintiff to pay for the costs of recovering after the injury. These damages often include things such as lost wages, property damages, and lawyer fees.

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Domestic Violence: A Crime Wherein Both Women and Men are Victims

Posted by on Sep 16, 2016 in Criminal Defense | 0 comments

Domestic violence, according to the National Coalition Against Domestic Violence, affects millions of American households each year. Though majority of victims are women (about 1.3 million women are abused by their partner every year), a survey conducted by the Centers for Disease Control and Prevention (CDC) says that 40% of the total number of victims of severe, physical domestic violence are actually men. These men, however, are not those who are too weak to fight back, rather, they are those who do not wish fight back; those who would rather be hurt than hurt their partner.

Anyway, whether the victim is a man or a woman, the fact that domestic violence or domestic abuse causes pain and destroy lives cannot be contested. No uniform definition of domestic violence exists in all U.S. states; some definitions say that domestic violence is an abusive, or a pattern of abusive, act/behavior committed against a person (the victim) with whom the perpetrator of the act has an intimate or sexual relationship with, such as a spouse, a dating partner or a sexual partner. Some definitions, on the other hand, include all persons in a domestic relationship; thus, besides a spouse, this will include children and other relatives living with the aggressor (some other states even include in their list of persons protected by domestic violence laws, a former spouse, a former sexual or dating partner, an in-law, a step-parent, and a step-child.

Domestic abuse can be physical, emotional, psychological, sexual, or economic in nature. It can also be threats of action that can influence another person; these threats include actions intended frighten, hurt, injure, intimidate, terrorize, humiliate, or manipulate another. Specific actions that are considered as abuse include punching, hitting, kicking, shoving, pushing, sexual assault, intimidation, stalking, withholding money, constant or repeated name-calling, isolating a partner from others, wielding a weapon against someone, and so forth.

Criminal prosecution of domestic violence charges fall under assault and battery laws, menacing, harassment, or false imprisonment (a tort and a common-law felony due to the act of restraining a person in a restricted area without justification or consent).

According to a Nashville domestic violence defense attorney, when police officers respond to an incident of alleged domestic violence, state law mandates that the preferred response of officers is to arrest the primary aggressor. Though this law is intended to protect victims of domestic violence, it may also force the hand of the police to make arrests that they may not have to do otherwise. Regardless of the events that led to an arrest, the severity of a domestic violence accusation, whether it is true or baseless, will require an accused to hire a highly-competent domestic violence defense attorney for the best possible defense that may save him/her from conviction, as well as for him/her to clear his/her record of the charges made against him/her – for the protection of his/her rights and future.

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Understanding The Dangers of Depakote

Posted by on May 25, 2016 in Products | 0 comments

Depakote is the proprietary name give to the drug divalproex sodium in the United States. Developed by Abbott Laboratories in 1983, it is designed for treating seizures as well as manic episodes for people with bipolar disorder. It is also prescribed for treating and preventing migraines. While Depakote is not a selective serotonin reuptake inhibitor (SSRI), the drug is sometimes prescribed in relation with SSRIs.

According to the website of Williams Kherkher, Depakote also has serious side effects that can have lasting health prtoblems. Recently, there has been several studies that have re-examined the potential connection between Depakote and birth defects in children exposed to the popular anticonvulsant drug during pregnancy. Research shows that pregnant women who take Depakote may experience a significant risk of giving birth to babies with devastating birth defects such as spina bifida, heart defects, cleft palate, to name just a few.

In 2013, the US Food and Drug Administration issued a warning that pregnant women should avoid Depakote and other valproate drugs as they were associated with lower IQs especially in children. A study published in the New England Journal of Medicine revealed that pregnant women who take valproic acid during early pregnancy are 12 times more prone to giving birth to a child with spina bifida. Aside from that, the FDA also advised patients not to take antiepileptic drugs as they can increase risk for suicidal thoughts and behavior. The FDA also required drug companies to include warnings about this risk on their prescription labels.

Unfortunately, these warnings came too late for many women who took Depakote. Drug manufacturers have the responsibility of testing their drugs and warning the public about its risks. Unfortunately, Abbott Laboratories failed to inform consumers about such risks. In 2012, the company pleaded guilty for misbranding Depakote. It agreed for a settlement worth $1.5 billion. Abbott is also facing product liability and wrongful death suits.

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