Common Ways Businesses Are Violating the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) was enacted for the purpose of protecting employees so they could get the right overtime pay they are entitled to. To ensure that employers will comply with the FLSA, the US Department of Labor established the Wage and Hour Division. Unfortunately, Williams Kherkher lawyers will tell you that many businesses have been violating the law and not giving employers their overtime pay.

Companies have been using a lot of strategies in order to avoid paying overtime wage. Given its costly nature, employers will exert all effort in trying to avoid paying overtime wage. This is an illegal practice and employees who have been denied their overtime pay can file a claim with the Department of Labor. Here are some of the common strategies used by companies in avoiding overtime pay:

1. Making Workers As Salaried Employees

There is a common notion that salaried employees are exempted from overtime pay when in fact, they are not. A salaried employee needs to meet the requirements for exempt status Likewise, the salary must be more than a fixed amount per week.

2. Misclassification

In order to avoid payment of overtime, employers change the classification of an employee to independent contractor thus disqualifying them from receiving overtime pay. But if the company still has control of the time and manner of work of the employee, they cannot be considered an independent contractor.

3. Inside Sales

Compared to outside sales people, inside sales personnel spend most of their time in the office making calls or online. While they are entitled to overtime pay, companies frequently classify sales people as exempt from overtime.

4. Assign Outside Work

When an employee is assigned to do work at their home, they expect their employer to fully compensate them.

5. Comp Time

Some companies have a policy called “comp time” offered to employees who work overtime. Instead of money, employees are given time off in the future. This is an illegal tactic since the law requires employees to be paid for timed work.

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Negligence: A Major Cause of Surgical Errors

Believe it or not, but some of the worst errors which result either in injuries or death are committed by some of the most intelligent and well trained individuals, and in places where safety and quality care are supposed to be priorities, especially for those suffering from serious illnesses. The persons guilty of these grave mistakes are doctors, some of them have been practicing for decades, while the places where the mistakes are committed are hospitals, particularly surgery rooms.

Though absurd as it may sound, but a case actually happened wherein three different doctors committed the mistake of operating on their respective patients’ wrong side of the brain. While leaving a medical instrument inside a patient’s body is already a very common surgical error, ever heard about a patient who, while being operated on, was accidentally set on fire? What about a patient, whose healthy kidney, instead of the damaged one, was removed, or a man who suffered the removal of the wrong testicle, or the wrong leg of a person getting amputated?

Surgical errors are real and at least 200,000 thousand cases are committed every year, some of these resulting to more serious injuries, while others result to patient death. These errors are registered in the list of medical malpractices every year, according to an article posted in the Journal of the American Medical Association. However, due to hospital administrators concealing many other cases of surgical mistakes, it is believed that the actual number is much higher than 200,000 thousand.

Doctors who have been reported as having committed, and still continue to commit, medical errors, likewise number to thousands. Many of these doctors still have pending cases which will determine whether they are guilty of the malpractice they are being accused of.

Surgical errors, as discussed in one law firm’s website, called Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., also include surgery on wrong patient, incorrect surgical procedure. mishandling of surgical instruments, improper suturing, and post-surgical complications. The said firm also says that, due to the life-altering effects of surgical errors, victims should never hesitate pursuing a legal action against the negligent medical professional.

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Uninsured/Underinsured Motorist Coverage now also required by a Number of States

Showing proof that you have auto liability insurance in necessary each time you to re-register your car and renew your driver’s license, besides these, it will also save you from having your license and driving privileges suspended, and from being issued a traffic ticket for violation of the insurance law which may be mandated in your state. However, if you get involved in a car accident which is the fault of another driver who happens to be uninsured, then you may end up facing financial problems because the auto insurance coverage that you carry is not for your own sake, but for the sake of the victim of an accident wherein you are the one at fault.

Cost of medical treatment and hospitalization, lost wages due to absence from work, and pain and suffering, are almost always the results of car accidents. To cover these cost and losses, the victim is legally allowed to claim compensation from the at-fault driver (this compensation is supposed to be paid by the at-fault driver’s insurance provider). However, if the liable driver is uninsured, then the victim has no other choice but to file a civil lawsuit against him/her for the purpose of seeking compensation (unless the at-fault driver makes an out-of-court settlement with him/her). Meanwhile, as the court case or settlement progresses, payment for all expenses resulting from the accident will have to come from the victim’s own pocket.

With more than 29 million drivers who freely drive on US roads and highways without carrying insurance, the scenario above is a common incidence. So many drivers who comply with the insurance law are being made to suffer more because of other’s non-compliance with this same law. However, instead of solving the issue by punishing the guilty, making them pay for the damages they have caused, and making sure that they purchase insurance coverage, the solution (which is actually more of a punishment) is passed back to law abiding citizens – by requiring them to get additional coverage, namely, the Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage.

Uninsured motorist coverage is designed to pay for all economic losses and damages suffered by victims of accidents that are blamable on uninsured drivers; this coverage also serves as a perfect financial safety net in accidents involving stolen vehicles or in hit-and-run accidents. Underinsured motorist coverage, on the other hand, is designed to supplement any insufficiency in the policy limit of the driver at fault. A policy may be insufficient to cover all damages if it amounts only to the minimum liability coverage required by the state.

Regardless of the limit of policies purchased, one thing remains to be factual – these added coverages are additional expenses for drivers; but since these are mandates, drivers can only comply. However, complying does not mean paying high premiums.

Drivers to seek help from independent car insurance companies before purchasing auto insurance. These companies readily provide drivers with insurance quotes from different firms to allow them to compare prices and find the rate that best suits their budget and individual coverage needs.

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A tree fell on me and hurt me, who’s at fault?

Falling branches and collapsing tree trunks can cause not just property damage, but also physical injuries. A Houston personal injury lawyer would probably tell you that an unexpected emergency department visit, medical bills and lost time at work are just some of the many things that a person could face when injured in a tree fall accident. In some tragic cases, it may even result in wrongful death. When you have been harmed by a falling tree, it could be important to know who’s at fault to see how you might be able to seek compensation.

Is tree fall accident an act of God?

Typically, a tree fall accident is considered an act of God if it was a result of natural calamities. When a healthy-looking tree collapsed due to tornadoes, lightning, storms, floods, and other natural catastrophe, it could be defined as an act of God. Depending on the jurisdiction, the ‘act of God’, or vis major argument can be used as a defense to prove that the owner of the property where the tree is located is not accountable for any damages that resulted from the accident. The defendant will only have to prove that no human influence, assistance or foresight could have prevented the tree fall accident.

When is the property owner accountable?

However, the ‘act of God’ argument cannot be employed in situations wherein the property owner has been negligent in exercising his duty of care. For instance, an owner could be held liable if he knew or was informed that the tree in his property is unhealthy and might pose hazard during inclement weather.

Tree fall accident safety

If you have trees in your property, trimming down unhealthy branches and those that are protruding to the street or a neighbor’s property is one sure way to avert tree fall accidents. However, remember to seek professional help when trimming branches or cutting down a tree to avoid getting into trouble of harming anyone, including yourself.

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The Importance of Defending Labor Laws

Most of a regular person’s adult life will be spent in the labor force. This is a simple fact of life as not everyone can get by on a trust fund or a surprise inheritance from a distant, recently deceased uncle, or finding out that you’re legitimate royalty of a country you’ve never heard of before. Real life is endlessly more difficult than what the movies make it out to be – and with just as many plot twists.

The labor force need not be such a terrifying place, however. The relationship between an employer and an employee, ideally, should be an equitable back and forth relationship between two parties that try to better each other. The employee, with their service, elevates and improves the business of the employer; the employer, in turn, provides a means of stable income for the employee. There are certain rights and privileges that come with and for either side in order to make sure that the industry is a field met with justice and equal opportunity for all.

A lot of the time, some employees don’t report the violation of a contract following the relationship of an employer and an employee. Sometimes, the employee is not aware of their rights and privileges while in the employment of their boss. This is a problem that has scattered throughout the industry, which has brought forth the demand for the awareness of various labor laws that are in effect in different parts of the United States.

As one of the pioneers of employment throughout the world, as it is one of the premiere countries that attract immigrants for employment opportunities, the several states in the continental US have various laws and rights in effect that protect its workers. New York City labor law attorneys, for example, are then put to the task of ensuring that employees are given fair wages, are not discriminated against, among many other possible situations and violations – and that these rights are defended in a court of law, should the action be necessary.

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Divorce and Child Custody: For Who’s Best Interest?

Once you have children, your priorities shift in order to revolve around them. This is to give the children their best chance at life and allow for them to make better, smarter decisions that the parents ever could.

However, the agency of families has been consistently changing ever more so in the last few years or so. Many couples find the option of separation from each other as one that would benefit the family more – and sometimes, this is a mutually agreed decision. It can only be more difficult to come to this decision when there are children involved, since their best interests must be rightly prioritized, and parents are not always in agreement with each other.

Most The Woodlands child custody lawyers would agree that there are sometimes two sides of the coin that are being tossed into the balance, when the custody of the child following the separation needs to be taken into consideration. One parent may feel themselves to be more fit with caring for the children while the other might deem him or her unfit altogether with raising the child.

All the while, this is a terribly trying time for any family to have to go through, which is why it must be treated with only the utmost respect and sensitivity throughout the duration of the case. The entirety of a divorce case is difficult to deal with, only all the more complicated when the aspect of child custody is factored into the mix. It must be made sure that, all the while the rights and interests of the child are protected, the rights of the parents must also be given due consideration.

It is a tricky situation to be in but the subject of child custody is one of the most complicated aspects of divorce, especially if not all parties agree with one another. That makes the dealing so much more complicated and requires investigation as well as compromise. If you or someone you know is dealing with a divorce that involves a child custody battle, it is recommended that legal help with experience in this kind of situation is sought in order to make the ordeal somewhat more manageable and much smoother than it would have been, had the case been in inexperienced hands.

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Defective Drugs: What Are the Manufacturers Accountable For?

It is the responsibility of manufacturers everywhere to make sure that their products are safe for mass consumption. If there are any defects in their products that cause significant harm to the consumers, the manufacturers need to be made accountable for all the damages sustained by the unwitting victims of their products. This kind of situation is to be taken especially seriously when there are pharmaceuticals involved.

This age of modern medicine has revolutionized the world we live in today. After all, this is the time and age when illnesses such as depression, anxiety, schizophrenia, bipolar disorder, et cetera are being treated as the real problems that they are instead of being swept aside as simple phases or moods. Treatments have then been manufactured in order to treat these symptoms so that the people who suffer from these illnesses can live normal lives. However, if there are defects found in the pharmaceuticals, there can be notable complications that could result into further hardship not just in the life of the victim but the victim’s loved ones and family members as well.

For example, according to the website of lawyers with Williams Kherkher, there has been evidence that a drug called Zoloft has been linked to cases resulting into various birth defects. Zoloft has been known to treat severe mental illnesses such as depression and social anxiety disorders. If this drug has been the cause of a birth defect – due to a pregnant woman taking the drug during the pregnancy, for instance – it can be cause for a severe relapse in the person suffering from the mental illness, as well as the stress that the birth defect can do to the newly born child.

On the website of Williams Kherkher, it need not only be pharmaceuticals that cause significant medical trouble for people. Medical devices such as artificial implants can also cause problems if there are defects in the design or manufacturing of the product. Either way, these are instances of severe personal injury; the manufacturers should be made accountable for the damage that their products have inflicted on unsuspecting victims. This justice can be achieved by seeking the help of professionals in the field of law, who have experience with this particular branch of the industry.

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Breast Reconstruction: What People Don’t Talk About

Recent developments in the fields of medical sciences have allowed for women to detect diseases before they can cause further damage. One such example of pre-emptive medical help is the action that Angelina Jolie took when she underwent certain procedures in order to decrease her chances of acquiring a certain kind of cancer, which was genetic in her case. Jolie went through a mastectomy – the removal of part of her breasts – as a preventive measure. Many women all over the world have also taken the initiative to getting themselves checked, thanks to Jolie’s preemption.

However, there is a lot of stigma that surrounds the idea of a mastectomy. A lot of women pride themselves on their outward appearances and some women even feel that to undergo the procedure would take away parts of their femininity. This doesn’t have to be the case as there is the option of also undergoing breast reconstruction.

After eliminating the possible harmful and cancerous tissue in the breast, there are measures that could allow for women to have their breast reconstructed. There are even options that can allow for the women who have gone through the procedure to dictate the size of their newly reconstructed breast in order to suit their lifestyle and the outward appearance that they want to have. There is a lot of power that many people tend to neglect, in having that control with your life and yourself. Taking preventive measures in order to make sure that you have the least possible chance in contracting a potentially fatal disease is one of the first steps in order to ensure that you can have the long, happy, and fulfilled life that you deserve.

There is also the fact that men can also contract diseases and can also go through this kind of surgery. Therefore, they are just as capable and advised to go through the same preventive measures. It can pay a lot to take care of yourself and give yourself your best chance at having the best life that you can have.

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Wrongful Foreclosure: Your Right to Stand

The world has significantly changed in only the last few decades. In fact, the world has changed more in the last fifty years than it has in its entire history. And the world has been in existence for millions of years and so that last fifty years is really saying something. The economy, of course, is included in that change.

The rise and fall of the American economy throughout the years has had a huge impact on its citizens and what used to be relatively accessible homes now cost thousands of dollars that a lot of people don’t have. The dream of owning your own property in this great country – many have called it the American dream – has been made harder due to the circumstances. For a lot of people, their homes are all they have and it is the one thing that they can rely on to keep safe, stable, and secure.

It is then one of the most devastating scenarios to be faced with: the idea of forced eviction. According to the website of Gagnon, Peacock & Vereeke, P.C., a lot of Americans in this day and age feel that to lose their home is to lose everything that they have worked for their entire lives. It is then of the utmost importance to make sure that the rights of homeowners and tenants are protected in the event of wrongful foreclosure.

Unfortunately, the circumstances that surround wrongful foreclosure have been all too common in this day and age. Some people choose not to fight it – despite the fact that they could. Sometimes, the circumstances are born out a failure to properly notify the tenant, lender bad faith, overcharging late fees, or otherwise stated. This is something that people should not have to take lying down and with the right kind of legal help; it can be battled in a court of law. Your home is one of the most important things that you can have – and if you don’t have to lose it, you shouldn’t have to.

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The Philippines and the International Outsourcing Scene

Outsourcing has been a huge hit with the recent rise of smaller, independent businesses all around the world. After all, not every start up requires (or can initially afford) in-house workers such as accountants, receptionists, writers, et cetera.

If the business is just starting, local, and doesn’t have the kind of facilities and equipment that these fundamental workers require, it could fall before it even gets up that hill. No one business can scale the ladder with only one or two people at the helms – it needs those important but rudimentary tasks done. The existence of outsourcing businesses allows for those smaller companies to have the necessary work done by professionals without having to make a bigger investment from their capital.

So why outsource with the Philippines? Plenty of nations offer such services but, as of recent, according the website of the Pinoy Partners Outsourcing Center, the Philippines has been gaining a reputation in the outsourcing circle as one of the premiere countries to watch out for in this industry. Why is that?

For one thing, the Philippines has always been a melting pot of different cultures – even before its periods of colonization from the 1500s until the mid-1900s. Abundant in natural resources in its over 7000 islands, this archipelago has been trading and dealing with varying cultures for hundreds – if not thousands – of years. There is archaeological evidence that supports that – and this culture has only continued on, even in the age of industrialization and modernization.

More than that, its reach has expanded not only from countries in the Asia Pacific region but to all the nations of the world. This means that the people of the Philippines are well versed in the cultural differences and attributions of different countries, allowing for there to be some sense of neutrality and camaraderie between the nations. The Filipino people are also known for their hospitality, hardworking nature, and perseverance – which make them one of the most ideal populations to invest in outsourcing. The developing nature of their economy also allows for its services to come at a more affordable rate for the same quality of work as one would get from any western country. And in addition to all reasons listed the Filipino people are quite proficient in the English language.

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