Through the Fair Labor Standards Act, employees in America are assured protection from unfair practices involving the payment of wages. One of the policies enforced by the FLSA is on overtime pay. As explained by the Department of Labor, barring certain exceptions, all employees that follow a fixed 40-hour work week are expected to receive 1.5 times more than their regular rate for every hour they work outside their typical schedule.
According to the Leichter Law Firm, many employees that get short-changed due to overtime violations are those who work in the retail sales industry. Generally, all retail workers are covered by the stated FLSA rules on overtime pay. Unfortunately, many of these workers get cheated out of their hard-earned wages due to employers illegally misapplying certain exemptions on their employees in order to cut corners. An example of these violations is when employers classify their retail workers as inside sales people, exempting them from receiving minimum wage and additional overtime pay. The only time employees can be exempted from being entitled to these wages is if they are able to receive more than half of their pay from commissions. These commissions should also be at least 150 percent more than the current minimum wage. Retail workers with job titles that imply that they are in a management position are also vulnerable to overtime pay violations because it’s automatically assumed that their title means they get salaried pay. This, however, is a common misconception, as many of these employees carrying managerial titles do not serve roles that are similar to supervisory positions exempted in the FLSA.
Aside from retail workers, plenty of other employees are vulnerable to overtime pay violations. Those working in call centers, construction, healthcare, and the hotel and restaurant industry are equally vulnerable to being stiffed out of their proper wages. Fortunately, these employees reserve the right to pursue legal action against their employers that they prove to be in violation of the policies enacted through the FLSA.Read More
Aside from alcohol-impaired driving, another cause of accident that continues to injure or claim the lives of hundreds of individuals is boating under the influence (BUI). The official website of the U.S. Coast Guard’s Boating Safety Division, named the Boating Safety Resource Center, says that BUI is just as deadly as drunk-driving, that drinking will impair a boat operator faster than a car driver, and that 1/3 of all recreational boating accidents involve alcohol-impaired operators or passengers. Because of the dangers of BUI, violators who will be caught can face imprisonment, fines and revocation of operating privileges: worse punishment will be faced by those who cause injuries or death.
The federal BUI law enforced by the United States Coast Guard is applicable to all types of boats, from large commercial ships to the smallest recreational, sporting and fishing vessels. Foreign vessels sailing through U.S. territories and U.S. ships sailing on the high seas are also subjected under this law.
Drinking alcohol or liquor, while on sea, can have worse and faster effects on a boat operator. This is due to the overall marine environment, where the boat’s operator and passengers experience the sun, wind, sea water mist or spray, engine noise, vibration and motion. Thus, due to alcohol, capsizing boats and drunken passengers falling over board have become common causes of death.
The various threatening effects of alcohol, when consumed while on sea, include:
- Weakening of judgment, cognitive abilities, wise assessment of situations, processing of information and in one’s ability to make good choices;
- Impairment in physical control, resulting to failure to make timely reactions to dangers, lack of coordination and problem in balance;
- Decrease in peripheral or night vision and depth perception, difficulty in identifying colors, especially green and red; and,
- Failure to pull self out of the cold water, causing hypothermia and death.
As stated in a law firm called Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., boat accidents are some of the most potentially dangerous accidents an individual can be involved in, as victims are additionally exposed to the risk of drowning. This means that any act of recklessness while on a boat can put everyone on or near the vessel at risk. As such, it’s important that negligent boat operators are held accountable when their actions result in harm to others.Read More
The demands of daily work often hinder many family members from personally providing their elderly or sick loved ones with all the care, attention and time that they need. This is especially true with regard to parents who have reached the age of 55 or 60. Though they may still show some signs of physical strength to accomplish many things, even the capability to live independently, it cannot be denied that many of them need assistance in various activities and, probably, a safer environment where they can move freely without risk of slip and fall accident and where they can enjoy keeping themselves busy through social activities.
This is just the kind of life that your elderly loved one can live in an Assisted Living Community. Assisted living, according to the Assisted Living Federation of America (ALFA), is long-term care wherein people are provided with health care and other support services. Seniors in assisted living communities do not need the level of care that a nursing home offers, their needs rather center on companionship and some assistance in day-to-day living. Thus, residents usually live privately in apartment units; this is to give them their needed independence and the freedom to make their own decisions. According to the Cleveland Clinic, if you are concerned about your loved one’s ability to live independently, a geriatric evaluation and management assessment should be performed.
Assisted living communities have trained staff on-site that monitors resident seniors and who make sure that all their needs, such as emergency medical assistance, physical therapy and hospice care, are addressed on time. Staff members also provide other services, including laundry, sheet changing, cooking and serving food, grocery service and, depending on the disclosure of services, medication management, escorting to meals and activities, toileting, bathing assistance, dressing, and assistance of an RN for insulin injections.
These communities keep senior residents active and busy through various activities, like daily exercises, social activities, education programs, off-site outings, health and wellness programs, education programs, arts and crafts, indoor games, outdoor walking, and many others. In making sure that residents are also always in the best look, some facilities have a beauty parlor on site.
According to SeniorAdvice.com, 31,000 assisted living communities currently exist in the US. Monthly rent rate varies by state. In Texas, for example, the average daily cost for assisted living is $117; some charge as low as $28 a day, while others charge as much as $287 per day. Average annual cost in Texas is $42,270.
Some families may find sending their loved one in an assisted living community a costly move. There are, however, financial solutions available, like Medicare, Medicaid, Veterans Benefits, and Long-Term Care Insurance.Read More
Research by the Centers for Disease Control and Prevention (CDC) continues to show that motor vehicle mishap is among the leading reasons for deaths and injuries in the US, especially for people aged 1 – 34 years.
Obviously, driver training is inadequate to make every driver keep highway safety guidelines. This is the reason the Nationwide Highway Traffic Safety Administration (NHTSA) has moved to enforce these laws more firmly, to apply more regulations and impose punishment that is harsher and impose more hefty fines on violators. Regulations such as the use of seat belts, speed limits, the prohibition of drinking and driving the limitation of the utilization of hand-held cell phone while driving (drivers of commercial vehicles, like vans, are required to make use of a Bluetooth headset) are moves by the NHTSA to try to cut down on the number of car crashes that happen in the US every year.
Automobile accidents present a greater risk than anyone can imagine. These can trigger loss of lives and severe injuries which may well alter their lifestyles because of these casualties (may even be for the remainder of the lives). NHTSA says that it is quite lucky that not all vehicle crashes result in severe injuries. As said on the website of the Sampson Law Firm, an equally-serious problem is not the trauma sustained, but the experience of undergoing a deadly experience; so, a number of people that have been engaged in automobile accidents produce phobia, fear and long term anxiety after their terrible encounter.
Psychiatrists and psychologists equally concur that anxiety or trauma of driving a vehicle again, till about two weeks after a collision, is a standard response and needs to be expected. CDC’s internet-based Injury Statistics Query and Reporting System (WISQARSTM), reports that the types who typically sustain the injury are passengers, rather than drivers. But while adult travelers may be able to easily avoid riding cars (until they have overcome the injury), the case is distinct with regard to very young kids, whose parents determine if they need to ride or not.
While most can overcome the trauma due to the injury, some have problems with it much more and longer persistently, finding themselves experiencing sleep problems, stress, and depression, which shortly change their behavior, routine, relationships, as well as, work.
Even the standard psychiatric periods needed to assist traumatized victims in overcoming their encounter may lead to another set of problems caused by fiscal difficulties. Favoring treatment, over-payment of statements from bank cards and mortgage, a lot of victims frequently are found victims of bankruptcy as this is their only sole legal mean.Read More
Often times, when we experience a natural disaster or an accident, our concern is not with material objects, but with the safety of ourselves and our loved ones. We expect the objects that were damaged to be taken care of, because they are insured. Unfortunately, during these trying times, insurance companies fail to live up to their obligations to provide coverage that alleviates this burden and allows victims lives to return to their normal routines as soon as possible. When this occurs, it is called Insurance Bad Faith.
According to the website of a Tennessee personal injury attorney, some examples of insurance bad faith are: unnecessarily delaying a claim, failing to properly investigate a claim, not providing full coverage, and improper valuation of damaged property.
An insurance company can unnecessarily delay a claim if the claim takes an unreasonable about of time to be processed and fulfilled. All insurance claims take time to be processed, however at times the duration of this period where a claim is delayed can become excessive, making it difficult for the victim to continue with their lives. If an insurance company cannot provide sufficient reasoning for delaying a claim, they are delaying it unnecessarily and in bad faith.
If an insurer fails to properly investigate a claim, the claim could subsequently be delayed or denied when it should have been immediately covered. If a claim is denied that should have been fulfilled, the victim then has to cope with additional expenses that they were relying on their insurance to cover. This financial burden is unnecessary and should be rectified.
When insurance bed faith occurs, it can add additional stress and trauma to an already terrible situation. Those who experience this are entitled to seek legal counsel to get the coverage they need.Read More
Like other substances classified as a Schedule I drug, methamphetamine is considered highly addictive and dangerous. Typically called ‘crystal meth’ or ‘meth’ for short, the drug has potent chemical properties that could lead to the slow but systematic degradation of the body. According to the National Institute on Drug Abuse, the use of meth has led to 103,000 cases of hospital emergency department visits.
As pointed out on a Houston criminal defense firm’s website, penalties for any drug-related convictions can be difficult to face. However, because of its notoriety, getting caught with any amount of methamphetamine can lead to serious penalties. Individuals convicted with methamphetamine possession could end up facing long-term consequences, aside from incarceration and fines.
In Texas, the penalties for methamphetamine possession will depend on a variety of factors. The most important factor is the amount of meth found in a person’s possession. For possession of methamphetamine that’s less than 1 gram, convicted individuals could end up facing a $10,000 fine and incarceration for 180 days to 2 years. Methamphetamine between 1 and 3.99 drams could lead to a similar $10,000 fine and a prison sentence of 2 to 10 years.
At 4 to 199 grams of methamphetamine, the penalties will increase to a $10,000 fine and imprisonment for between 2 to 99 years. Certain circumstances could also lead to a life imprisonment sentence. These penalties remain the same for methamphetamine possession that’s between 200 and 399 grams, except that the minimum prison sentence is moved to 5 years. Lastly, for possession of methamphetamine that’s greater than 400 grams, the minimum prison sentence is moved to 10 years and the fee is increased to $100,000.
Facing drug-related charges is a serious dilemma, especially if the substance involved is as highly addictive and as methamphetamine. If you have been charged with methamphetamine possession, you will need to seek out expert legal advice immediately. Your best option is to consult with an experienced criminal defense lawyer to learn your best options.Read More
The State of Illinois requires all of its drivers to carry and maintain at least the minimum amount of liability insurance. This is to protect not only the driver of the vehicle but also the other motorists and pedestrians who they might encounter while on the road. An SR-22 may not be an insurance policy, but it still proves that you have insurance – something that is very important especially if you have been previously been convicted with reckless driving, driving without insurance, DUI, and other driving violations that had lead to your driver’s license being suspended.
There are many factors that can affect how your premiums are determine with an SR-22; some of these factors may even seem unfair, but they are still considered because of the risks that comes with reinstating your driver’s license. Among the many factors that would be looked upon to when applying for an SR-22 is the your driving history and the records regarding any accidents you have been involved with, as this would determine how much of a risk you are to them and the other people. Your age and occupation will also be considered, as well as your marital status. Other factors that insurance companies examine are your credit score and the type of vehicle you are driving, since they can greatly increase your insurance rates. If you are worried about applying for an SR-22, there are many insurance companies online which can provide a quote depending on your specific case, and could provide you with immediate insurance.
Many people see SR-22 as having a scarlet letter on their driving history, but, according to the website of Habush Habush & Rottier S.C. ®, this is not the case. SR-22 provides you with the opportunity to legally be on the road again, and depending on the reason for your driver’s license suspension, the SR-22 will eventually be cancelled after a couple of years. It is important, however, to keep up with your payment for SR-22 if you don’t want to risk it being cancelled and having to file for an SR-26 (another type of insurance form) to be filed with the Department of Motor Vehicles until a new SR-22 is filed and made effective. Your SR-22 status will only be removed when responsibilities given in a certain amount of time has been completed.Read More