What To Do If You Are Denied Overtime Wage By Your Employer?

When an employee is required to work overtime, they expect their employer to pay them for the hours they rendered in excess of their regular working hours. The Fair Labor Standards Act stipulates that employers are required to pay overtime wage to employees who work in excess of 40 hours per week. The general rule is that employees should be paid 1.5 times their regular rate of pay. However, this varies from one state to another.

The bad news is that many companies are not paying overtime wage to their employees. Overtime pay lawyers of Williams Kherkher will tell you that most businesses will even devise some scheme so that they will not pay overtime wage. If you have been denied overtime pay, there are several steps you can take to recover your overtime pay:

1. Jot it down

Make sure to have all your overtime hours written in black and white. Take note of all the times and dates and not just the hours you rendered. Avoid keeping it in your computer or work drawer because someone can easily discard it and you have no evidence against your employer.

2. File A Report With The Department of Labor

Fill up the IRS Form SS-8 for any complaints against your employer regarding overtime pay. If the IRS deems that you have been misclassified or your employer violated the law on overtime pay. You can then lodge your complaint to the Department of Labor.

3. Get an attorney

With the help of an attorney, you may be able to recover the overtime pay that your employer denied to you. Not only that, you may also be able to help out your co-workers who were likewise denied of their overtime pay.

The Fair Labor Standards Act protects employees from being denied their overtime pay for the excess hours they rendered. Know your right as an employee and get paid for what you truly deserve.

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What are the different types of holdings divided in a large marital estate?

Divorce is difficult enough without the legal issues and ramifications presented by the division of assets. But add in the desire of both parties to come out of the marriage with as much as possible, and the stress of the process increases tenfold. The website of law firm Holmes, Diggs, Eames & Sadler stresses that, in the breakup of a large marital estate, both sides actively pursue the equitable division of capital holdings that can often go unnoticed and create problems further down the road.

Large marital estates are characterized by various sources of income, wealth, and capital. The status of many of these holdings, in terms of which spouse is the primary owner, is unclear. On top of that, the valuation of many of these assets is difficult to determine, as well, and can make equitable division a source of contention.

  • Real estate
    • Relatively speaking, this one is the easiest to value and divide. Depending on when specific real estate purchases were made–whether they were owned by one spouse before the marriage or if they were purchased jointly after the fact–a spouse can make a case for singular ownership. However, in the case of real estate purchased during the union, the court will attempt to equitably split property between the two parties. Therefore, if one person acquires a house, the other can claim property (or multiple pieces of property) up to the value of the house or can take a check for half the value of the house.
  • Businesses
    • The division of business assets is especially complicated due to stipulations concerning interest, investment, and growth. The valuation of a business is also very difficult due to constant fluctuations of the market.
  • Stocks
    • Before being divided, attorneys must determine whether stocks owned by either or both parties are separate or marital. Depending on whether or not the stocks were granted for services rendered during the marriage, the stock value may be subject to distribution among both parties. However, even this can be difficult to determine.
  • Retirement accounts
    • A qualified domestic relations order, which splits a retirement or pension plan, recognizes the protection of dependents in an individual’s plan. Retirement accounts are often times the most valuable single asset owned by an individual. The division of such an important asset requires a great deal of care, knowledge, and review.
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Who are eligible for filing a wrongful death claim?

Nolo defines wrongful death claim as when an individual is killed because of someone else’s fault—may it be unintentional or of mere negligence and recklessness. A wrongful death claim may allege a person or an entity (like an institution or a product manufacturer) and seek compensation for the loss of family members or loved ones of the deceased. According to Nolo, the compensation tackled in a lawsuit is usually a replacement for the lost wages of the deceased and expenses in the funeral service. Basically, the compensation discussed in the lawsuit will be any form of compensation sufficing the family that will have been provided by the victim, had he/she not died.

According to the personal injury legal team at Crowe & Mulvey, LLP, the most common causes of wrongful death are vehicular accidents, construction site accidents, unsafe premises, unsafe products, and medical malpractice. All these sources of accidents have birthed thousands of lawsuits before, although there are many other causes of wrongful death.

Aside from immediate family members (spouses, children, adopted children), there are other people who may file a wrongful death claim. A domestic or life partner may file the lawsuit, as well as financial dependents and putative spouses (an individual who believes that he/she was married to the deceased). Distant family members such as siblings, aunts, and grandparents also have a right of recovery and compensation. Other people who are eligible to file a wrongful death claim are people who suffer financially after the victim was killed even when they are not related, although it is only allowed in some states. Some states also allow the parents of a dead fetus to file a lawsuit, but in some others, a financial and emotional recovery is not possible.

The laws covered by wrongful death claims differ in each state, so if you find yourself in a similar situation, it may be best to keep in touch with a personal injury lawyer to advance your knowledge of the case.

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The Consequences of a Driving While Intoxicated or DWI Charge

Car accidents happen at an alarming frequency in America. According to the National Highway Traffic Safety Administration or NHTSA, one of the leading causes for these accidents is alcohol-impaired driving. This offense is typically called driving while intoxicated or driving under the influence. In the State of New York, alcohol-impaired driving is charged as driving while intoxicated or DWI. It is considered a serious violation that could lead to grave consequences.

All over the country, the blood alcohol concentration or BAC limit is at 0.08 percent for private vehicles. For drivers operating commercial vehicles, the BAC limit is at 0.04 percent. For drivers under the legal drinking age of 21, a zero tolerance policy is observed in most states across the United States. Anyone caught out on the road exceeding these limits can face steep penalties.

According to the website of Law Offices of Richard A. Portale, P.C., consequences for a DWI charge in the State of New York will depend on previous records and the specific circumstances of one’s arrests. Regardless of the facts, one can expect to face costly fines, some jail time, and a suspension or revocation of one’s driving privileges. At first offense, a DWI charge can lead to a fine of $500 to $1,000, up to 1 year in jail, and a 6-month minimum license suspension. At second offense, a DWI can lead to $1,000 to $5,000 in fines, up to 4 years of jail time, and a 1-year minimum license suspension. The court could also require an Ignition Interlock Device be installed in one’s vehicle.

Penalties become steeper at third and subsequent offenses. If convicted, an individual with a DWI charge can face an overwhelming $2,000 to $10,000 in fines, up to 7 years in jail, at least a year-long license suspension, and the installation of an Ignition Interlock Device in one’s vehicle.

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Car Accidents: Common Causes for Wrecks and Collisions in the U.S.

As data from the United States Census Bureau suggest, car accidents are occurring in an alarming frequency all over America. Based on the bureau’s reports, an average of 10.6 million accidents were reported annually during 2004 up until 2009. For every year in this 6-year period, an overwhelming number of accidents happen in roads and highways all over the nation. While a good number of these reported incidents only led to minor collisions, some also resulted in total wreckages that caused serious injuries and deaths.

These devastating car accidents are caused by a variety of factors. According to the website of the Sheboygan personal injury attorneys of Habush Habush & Rottier S.C. ® car accidents are commonly caused by driver error, speeding, reckless driving, mechanical defects, road hazards, and drunk driving. The website of the Portale Law Firm adds that many of these incidents significantly affect those that are largely out-powered by the vehicles on the road, such as pedestrians and cyclists.

A rollover accident is a particularly dangerous scenario. Typical to SUV and 4-wheel drives, vehicles that flip over or fall to the side due to imbalance can cause very serious injuries such as brain trauma and spinal cord damage. It is important to learn more about such incidents, and be mindful of the fact that certain factors can further aggravate the conditions which lead to such accidents. The website of the Mokaram Law Firm states that road defects and blockages can cause SUV drivers to swerve or make abrupt turns, disrupting the balance of the vehicle.

Car accidents are easily among the most traumatic events that an individual can face. The fact that it can happen at any moment while doing an activity that is so ingrained in most people’s routine makes the occurrence of such accidents even more alarming.

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Age Discrimination in the Workplace

The law ensures that every person in the United States is welcome to equal employment opportunities. This is true regardless of one’s background or identity. Factors such as age, gender, sexual identity, race, ethnicity, country of origin, and religion should not matter in one’s pursuit of a career. Unfortunately, there are a number of employers who disregard such policies and continue to discriminate against employees based solely on these arbitrary factors. One pressing issue of discrimination in the workplace centers on age.

The Age Discrimination in Employment Act or ADEA took effect back in 1967. This particular law prohibited employers from discriminating against anyone aged 40 years or older, and is applicable to applicants and those already in their employ. It also prohibits employers from mentioning any age preference or limitations in certain job posting. Most importantly, it ensures that older employees are able to receive the same amount of benefits that younger employees enjoy.

Unfortunately, this law isn’t being properly observed in some workplaces across the country. As noted by the Equal Employment Opportunity Commission or EEOC, many employers see hiring older employees as a liability. Many find older individuals as more difficult to train, over-qualified for a given position, or incapable of keeping pace with younger employees. According to data available in their website, the EEOC received 20,588 complaints of age discrimination in the workplace during the year 2014. Majority of these cases have been resolved through administrative closures and merit resolutions.

According to the website of Cary Kane, instances of age discrimination include refusal to hire or employ, wrongful termination of an employee, and failure to grant deserved merits and benefits. An employee facing these scenarios or any situation resulting in hostile working environment can pursue a civil case against their employee to ensure that their basic right to equal opportunity is protected.

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Chapter 13 Bankruptcy: Wage Earner’s Plan

It’s impossible to know what the future hold. While a cliché, this sentiment is far from untrue. Life can be very unpredictable. Majority of the U.S. population that suffered financial woes during the economic downturn could not have predicted that they will be facing such challenges. And yet this has been the reality for the last couple of years. Many people across America are struggling with financial concerns caused by unemployment, crippling debt, and other unforeseen scenarios. Fortunately, those in similar situations can find some kind of recourse by filing for bankruptcy.

Bankruptcy is a legal option provided to individuals that find themselves in difficult situations that prevent them from paying off their debts and other financial obligations. By the end of the bankruptcy process, a U.S. federal court can grant an individual’s debt to be discarded. Otherwise, the court can call for a debt repayment plan to be imposed. All in all, bankruptcy is an option meant to help individuals to regain some control and stability with their finances.

Chapter 13 Bankruptcy is a specific option available for financially burdened individuals. As defined in the U.S. Bankruptcy code, this type of bankruptcy allows the court to decide on a structure of a payment plan accommodating the petitioner’s current income. This gives the petitioner the ability to pay off their debt through regular installments over the period of three or five years. This structure has plenty of advantages. As noted on the website of Greenway Law, LLC, the benefits of Chapter 13 bankruptcy include protection from creditors, being able to retain properties (including real estate), and having less impact on credit score as compared to a Chapter 7 bankruptcy.

Not all petitioners will be found by the court to be eligible for a Chapter 13 bankruptcy. For that, it’s important that individuals looking for financial relief keep close communication with an experienced legal professional.

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Product Liability: Potentially Hazardous Products at Home

It’s hard to imagine how much consumer products are purchased in the United States every day. According to the Bureau of Economic Analysis, consumer spending in America is at billions of dollars each year. For the first quarter of 2015, personal consumption expenditures were at 12,055.5 billion. Spending increased to 12,207.8 billion by the second quarter of the year.

A good majority of consumer spending go to durable goods. Furnishings and household equipment are among the major type of products bought by Americans annually. For the second quarter of 2015, expenditures for these products were at 297 billion dollars. And as with any other product, the consumers who had gone out to purchase these goods expect that they have bought items that are safe to use. Unfortunately, as noted by the website of Ritter & Associates, this trust is often proven to be misplaced. As evidenced by the updates on the website of the Consumer Product Safety Commission or CPSC, a lot of products are regularly found to be defective or potentially dangerous.

For furnishings and other products meant for the home, any negligence in design or production can cause a lot of harm. Many see their homes as a safe harbor; a place where they are far from any dangerous accidents. Unfortunately, with defective furnishings or household equipment, many people are left vulnerable to potentially hazardous situations right in the very place they consider their comfort zone. Take, for example, poorly designed window coverings. As found by the CPSC, children between 7 months to 10 years are at risk of dying by strangulation because of defective window covering cords every month. In fact, the commission has made over five million recalls for window coverings due to such concerns.

Dangers caused by defective products can result in minor to life-altering injuries. According to the website of Wilson & McQueen PLLC, the responsibility of preventing such incidents remains in the hands of product manufacturers. The implicit trust handed to them by consumers should be respected through imposing stricter testing policies and regulations.

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Medical Dangers: Pharmaceutical Defects and Physician Errors

It is difficult to imagine that the very things meant to be beneficial to one’s health and well-being end up becoming the cause of harmful effects. This is a reality that some patients get to experience due to certain medical dangers.

While it’s clear that the quality of health care has improved dramatically in the last couple of decades, cases of pharmaceutical defects and medical malpractice can’t be ignored. It is an unfortunate reality that not every drug or medical product released by top pharmaceuticals is as reliable as they seem. In the same way, the fact that medical professionals can be susceptible to negligent errors causing harm to patients can’t be ignored.

Discussions of these issues should remain in the public sphere. Without the awareness raised by different groups regarding certain medical dangers, patients seeking only the best possible treatment might not be able to make informed choices.

Among the many pharmaceutical products in the midst of such discussions is the anti-nausea medication called Zofran. While the drug was originally intended as a treatment for side effects experienced by patients that have undergone chemotherapy and radiation, Zofran is now widely used as medication to for morning sickness symptoms. As noted by Williams Kherkher, there is strong evidence which shows that Zofran can affect the development of a fetus in utero and potentially cause birth defects.

Another dangerous medical scenario is the prevalence of physician errors and malpractice. According to findings from a study published in the Journal of Patient Safety in the year 2013, around 210,000 to 440,000 patients suffer from preventable harm in hospitals across the United States. The website of the Chicago cerebral palsy lawyers at The Driscoll Firm points to birth injuries as a common example of such devastating cases. They specify that cerebral palsy in particular is caused by negligent mistakes such as misdiagnosis or delayed diagnosis and errors committed during delivery.

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