Tips for Employees Losing Out On Overtime

Posted by on Sep 30, 2017 in Unpaid Overtime Claims, Unpaid Overtime Claims Attorneys | 0 comments

The problem with employers manipulating wages is larger than many people realize. Though we all understand the concept that anything over 40 hours should mean “time and a half” (or 1.5 times your normal wage), there’s a growing problem with employers trying to game the system so they don’t have to pay the extra money.

It’s important, as employees, to be aware of how your employer might mess with your hours so you can be on guard against it and make sure you get all the money that is coming to you. Take a look at these 5 common tricks employers use so you’ll be ready if any of them are tried on you.

  1. They call you an “independent contractor” when you aren’t one – Independent contractors are a special type of worker who can control their hours, where they work, and can sell their services to multiple employers. If all those qualifications don’t apply to you, you aren’t an independent contractor, and you deserve to get your overtime.
  1. They put you on a low salary – Just because you get a salary doesn’t mean you can’t get overtime. If your salary is less than $2,000 a month, contact someone to find out if you are still entitled to earning overtime.
  1. They make you clock out early – This is an old trick. If you have a meeting at work, you should be clocked in. if your boss wants to chat about your performance, you should be clocked in. if you are held over with work at lunch, you should be clocked in. If your boss is finding excuses to get you clocked out, you should be paid that money back, and if that puts you over 40 hours, you should be getting overtime.
  1. They average your hours – This one is a little more technical, and also a lot more malicious. According to the attorneys of the Leichter Law Firm, your employer is not allowed to spread your hours out over the whole pay period. How some employers do this is they move your overtime hours to a week when you worked less than full-time. Say you had to miss work for a day last week and this week you worked five hours of overtime. So, your boss wants to take those five hours and put them last week so you don’t get any extra pay. That’s illegal. Don’t let them get away with it.
  1. They “comp” your hours – Another of the more technical tricks of the cheating boss trade. Your boss may be taking your overtime and putting it toward future time off. This is perfectly legal in the public sector, but it isn’t if you’re an employee at a private (non-governmental) business.

It’s important to keep an eye out for these and other possible issues with your employer when it comes to your income. If you look at your paycheck and something doesn’t add up, start looking more closely and ask for more information.

If your boss is doing any of these things, you need to know that the law is on your side. If when confronted, your boss continues these practices and doesn’t pay you back what is owed, it may be time to contact a lawyer.

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Just How Useful is a Self-storage Unit?

Posted by on Jun 13, 2017 in Self-storage Unit | 0 comments

Beginning in 2004, the average size of houses in America became bigger – from 1,660 square feet to 2,400 square feet, according to the National Association of Homebuilders. Despite having become bigger, most of these newly designed structures lost one very useful area, where house owners can store their old valuable belongings – the attic or the basement (this is especially true in Sun Belt states, like, Florida, California and Texas, where houses, especially the newly-built ones, are designed without either an attic or a basement).

Now, with consumerism in America on the rise again, the number of people needing extra space has also risen. But since many houses no longer come with an extra storage room, many find that extra space elsewhere – in self-storage facilities.

There are more than 50,000 self-storage facilities in the U.S. and most of these are located in Sun Belt states. The purpose of a self-storage, or mini-storage, is to provide individuals, families or businesses the extra space they need practically for anything they need to store safely.

Though the idea of renting a self-storage may be a very remote idea to others, those who are currently leasing one know that having a self-storage space can really be beneficial, especially if you:

  • Want to enjoy the freedom of being able to rotate your furnishings regularly;
  • Intend to move to a new residence;
  • Need to reduce some of your furnishings for more excellent showing; and,
  • Lack space for old things that cannot be thrown away, such old toys or your parents’ favorites.

A self-storage can be leased on a month-to-month basis; lease can be renewed, though. Besides being affordable, payment can also be cash, with a personal check or through a credit card. Self-storage facilities also give assurance that your belongings will be safe and accessible to you 24/7.

Not all storage facilities, according to those managing Pond Springs mini storage facility, offer the same features. You may want to prefer a facility that not only has customer service that can answer your queries anytime and address your concerns efficiently, but also has a resident manager, who can guarantee order and safety and, most of all, one that features:

  • A drive up access;
  • A personal access codes
  • Security cameras;
  • A fully-fenced property;
  • Affordable rates on all storage units; and,
  • Climate-controlled and ground level units (keep your important items regulated and secure).

There are self-storage units, by the way, for those intending to store only boxed and other “not-so-big” items, and there are big units as well where one can keep furnishings from an entire home.

 

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The Dangers of DUI

Posted by on Apr 3, 2017 in DUI | 0 comments

The Dangers of DUI

Driving under the influence of alcohol, or more commonly known as DUI, is against the law. But there are drivers out there who still risk driving while intoxicated, maybe because they have no choice but to drive home by themselves, do not fear the consequences, or both. To prevent drunk driving, it is important to know its dangers first.

You can get arrested

Since DUI is illegal, you can get arrested and suffer the penalties for it, such as fines, license suspension, vehicle confiscation, installation of restrictive devices such as an ignition interlock, and even jail time. DUI convictions are worse than you think. The license suspensions, vehicle confiscations, and ignition interlocks will limit your mobility. Having DUI records also don’t sit well with businesses and employers.

According to the website of this Lee County DUI lawyer, it is possible to defend DUI charges. But if you ask me, prevention is still better than cure.

You can crash

There is a reason why drunk driving is considered an offense. Alcohol can affect your ability to drive. Physically, you may lose control of the vehicle because of your limited body coordination. Mentally, you may fail to comprehend traffic lights and road signs. This means that you are at risk of crashing your vehicle and injuring not just you, but also your passengers.

You can collide with other people on the road

Remember that you are not the only vehicle on the road. Your limited physical and mental abilities not just give you the risk of crashing, as it also gives you the risk of colliding with another vehicle or another person on the road.

Getting involved in an accident is one of the most tragic things that can happen to a person who is diligently driving his vehicle, safely riding his motorcycle or bicycle, and being careful in crossing the road. If that person has sustained an injury, he may even have enough grounds to take you to court.

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Medical Malpractice: Anesthesia Error

Posted by on Dec 29, 2016 in Medical Malpractice | 0 comments

Anesthesia is an important part of the surgery process. It helps the patient be in an unconscious or semi-conscious state during the operation, resulting into inability to feel pain and loss of general responsiveness. It also helps in managing the patient’s vital signs and oxygenation.

For these reasons, anesthesia can be very dangerous when an error has occurred. It can cause serious injury to the patient, or worse, even death. According to an informative article from the website of a West Palm Beach personal injury lawyer, anesthesia errors are a form of medical malpractice, and those who are responsible may be held liable.

Common anesthesia errors

Medical malpractice can occur in many ways, but most of the time, it occurs because of the negligence of the medical party. Maybe they did not exercise reasonable care, did not have the level of skill that a reasonable professional should have, or did something that’s just totally wrong.

Below are the common errors involving anesthesia.

  • Administering anesthetics to a patient with allergies
  • Administering the wrong anesthesia
  • Failing to give proper instructions to the patient prior to the operation, such as eating and drinking restrictions
  • Failing to deliver anesthesia on time
  • Failing to monitor the patient’s oxygen level and vital signs
  • Giving too much or too little anesthesia
  • Improperly intubating the patient

Effects of anesthesia errors

Most of the time, patients and their families don’t really know the importance of anesthesiologists in surgery. They are just automatically putting their trusts in all of the medical professionals involved in the process. But they should at least be knowledgeable of the possible consequences of errors.

Here are the common complications and injuries that can result from an error involving anesthesia.

  • Allergic reactions
  • Anesthesia awareness
  • Brain damages due to lack of oxygen
  • Blood pressure issues
  • Coma and death
  • Confusion, dizziness, and nausea
  • Heart problems
  • Post-operation pain
  • Respiratory problems
  • Spinal cord injuries
  • Tooth damage due to improper intubation

Aside from these physical injuries, anesthesia errors can also cause emotional and psychological damages like flashbacks, sleep disorders, post traumatic stress disorders, and phobia to doctors and medical facilities.

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Nursing Home Abuse in Illinois: A Cause for Alarm

Posted by on Oct 13, 2016 in Elder Issues | 0 comments

Data from the Centers for Disease Control and Prevention shows that over a million individuals live in nursing homes and long-term care facilities all over America. A huge portion of this population includes elderly adults that are vulnerable to different types of abuse.

According to the National Center on Elder Abuse, around one in every three nursing homes has received citations for some sort of violation against set federal standards for long-term care facilities and other similar institutions. Even more alarmingly, reports show that almost one out of every ten nursing homes received their citations for violations that were found to have caused particular danger for its residents.

The situation for nursing home residents in Illinois is becoming even more alarming due to recent developments in legislature. As reported by U.S. News and The State Journal-Register, earlier this year, lawmakers have introduced House Bill 5601, which would ban anonymous complaints regarding abuse or neglect in Illinois nursing homes. The bill hopes to discourage individuals from making false reports, but it also has the potential to discourage actual elderly victims from speaking out due to shame and fear of retribution from their abusers.

In such a climate, raising awareness about the abuses that continue to take place in nursing homes proves to be especially important. The on-going cases of neglect, physical abuse, financial exploitation, among other devastating scenarios, can no longer be ignored. Karlin, Fleisher & Falkenberg note the importance of pursuing these cases of abuse to help protect current and future victims alike.

Of course, protecting elderly residents from nursing home abuse will be an uphill battle. However, families who suspect that their loved ones are being hurt in the hands of their caregivers shouldn’t be afraid to speak out and pursue justice. If you suspect that your loved one is being abused in a nursing home, do not hesitate to consult with a qualified personal injury lawyer to learn more about your legal options.

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Why Pedestrian Accident Victims should Seek Compensation

Posted by on Jun 30, 2016 in Personal Injury | 0 comments

Why Pedestrian Accident Victims should Seek Compensation

The National Safety Council (NSC) says that there are about 70,000 pedestrians accidents in the US every year; 4, 500 of these accidents are either fatal or end in the victim’s death a few days after the accident (the NSC is a a 501(c)(3) nonprofit, nongovernmental public service organization that promotes health and safety in the US by helping minimize the alarmingly high number of preventable injuries and deaths in working environments, homes and communities).

Pedestrians accidents resulting to death are more frequent in rural areas where vehicles run faster, where there are usually no sidewalks where pedestrians can walk safely, and where most streets and intersections are poorly illuminated at night. One common factor in fatal pedestrians accidents, however, is intoxication; it could either be an intoxicated driver or a pedestrian who has drank more than his of her limit.

Pedestrians is, and shlould be, a major concern for everyone, for the simple reason that everyone is a pedestrians at certain times of the day. While drivers play a major role in significantly reducing incidences of pedestrian accidents, pedestrians themselves should never exercise lesser care when crossing any street.

According to the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. law firm, even minor accidents can result in serious injuries, and ongoing pain and suffering that would leav accident victims with serious emotional, psychological, and financial burdens. To make matters worse, those who have to contend with these serious side effects often did nothing to cause the accident.

Most non-fatal pedestrian accidents result in serious injuries, like broken bones, spinal cord injuries, traumatic brain injuries or accidental amputation. Due to the serious condition a victim may end up in, filing a civil or tort lawsuit against the at-fault driver often becomes necessary, mainly for the purpose of seeking compensation for all present and future damages resulting from the injury.

Money will never undo the trauma and injuries suffered by the victim; it can, however, help him or her pay for the costly medical treatment which may help bring back the quality of his or her life.

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Treatments for Memory Loss

Posted by on Mar 2, 2016 in Elder Issues, Memory Loss | 0 comments

Memory loss is a frightening reality plaguing many senior citizens and there is currently no cure for reversing the process once it’s started. It can be hard to cope with the fact that your loved one could forget things and people that are important to them once they are diagnosed with Alzheimer’s disease. Being forgetful could eventually lead to your loved one being put in an unnecessarily dangerous situation. If you are consistently worried about your loved one’s safety due to deteriorating memory, it may be time to begin treatment and/or therapy to help curtail the effects of memory loss.

This is a common problem for many Americans with a loved one with Alzheimer’s disease. According to SeniorAdvice.com, Alzheimer’s disease currently affects over 5 million people in the United States, including approximately one in nine individuals over the age of 65. No treatment plan is one hundred percent perfect for each individual case. An evaluation by a medical professional can provide direction for which treatment path would be best to take. Doctor’s will take into account a patient’s age, overall health, the amount of memory loss that has already taken place, and their lifestyle.

The first form of treatment is medication. There are a handful of prescriptions that help combat memory loss, but they are only effective in some cases and work best if administered in the first 6-12 months of memory loss. If given in the correct time frame, these prescriptions are proven to slow the onset of Alzheimer’s.

The other form of treatment available for memory loss is therapy. Music and art therapy are common forms of treatment that seek to engage the patient’s mind. It is unknown how much these treatments really help, but it definitely works to combat feelings of stagnation and depression. As the medical community continually works toward a cure for Alzheimer’s disease, patients turn to medication and therapy to treat their memory loss.

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Pradaxa Dangers

Posted by on Oct 9, 2015 in Pharmceuticals | 0 comments

Every medication has its positive and negative effects, you and the doctor just have to weigh the pros and cons and determine whether the risks are worth taking. This has been the case for Pradaxa, an anti-clotting medication aimed to avoid strokes on patients suffering from heart conditions. Although it has some considerable positive effects to patients’ health and wellbeing, Pradaxa has been linked to major health risks and complications that can make it more risky than beneficial to some patients.

Pradaxa (dabigatran) was approved by the Food and Drugs Administration in 2010 and was made an alternative to warfarin. It offered a good option because unlike warfarin, those taking Pradaxa did not require constant monitoring and check-ups. However, in just two years after its release, Pradaxa has been linked to 500 deaths, mainly due to uncontrollable bleeding and internal hemorrhage. Furthermore, more than 4,000 claims (and counting) have been and are being settled due to other severe side effects such as stomach pains and severe vomiting or heartburn. What makes the dangers of Pradaxa more troubling is that it does not have an antidote, which made uncontrollable bleeding a life-threatening side effect.

Despite the rising number of lawsuits being filed against them, the FDA has yet to issue a product recall for Pradaxa. The manufacturer of Pradaxa, Boehringer Ingelheim, has voluntarily issued a recall only on a specific lot due to concerns of manufacturing defects. The FDA only stated that they are continuing their evaluation of various data sources regarding the ongoing safety review of the drug. Although Pradaxa does provide great benefits, the risk of bleeding and hemorrhaging should be considered, especially for those who are elderly and people who might get surgery. Convenience may what Pradaxa offers, but in cases of accidents or emergencies any emergency procedures may be hindered because of the blood flow. Before taking Pradaxa, it is important to talk with your doctor to weigh the benefits and risks that come with the drug.

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Premises Dangers in New Homes

Posted by on May 18, 2015 in Personal Injury | 0 comments

To a great majority, owning a home of your own is like achieving a certain freedom; having a place of your own gives home-owners a sense of security and accomplishment in their personal lives. A home is something to be proud of, which is why it is important to think about inspecting a potential home from a mold infestation before buying it. Mold infestation not only causes health risks and complications, but they can be financially draining as well. Rather than getting your dream home, you might end up with mold nightmares if you failed to have it checked.

It is quite normal to have mold in homes. What makes them dangerous and a health risk is having great concentrations of them in a small area. Molds are fungus that comes in various colors, some visible and odorous while others are hidden and often grown between walls or crevices. They are known to grown just about any damp area, but they are best in water-soaked locations. According to the website of the Sampson Law Office, injury claims related to toxic mold report of seizures, respiratory problems, rashes, severe fatigue, and unusual bleeding caused by the mycotoxins released by the molds. Detecting mold infestation before buying a house can save you and your family from such troubles.

It can be difficult to know whether a house you are eyeing to buy has a mold problem or not. Aside from being on the look when visiting a prospect home, getting help from a home inspector is very helpful. They can do a more thorough inspect of the home and report and mold infestations to you. If you have asked the seller regarding any infestations and did not disclose it until after you and your family have suffered damages, it can be grounds for negligence according to the website of the Law Offices of Yvonne Fraser, If the seller, or the agent or appraisers intentionally hid such information from you before making your purchase, they can be held liable for their negligence.

Choosing to buy a house that you already know have a mold problem can greatly affect your injury claim if you or your family eventually develops health complications of if your house is damaged. This is because, as with any personal injury claim, negligence on the part of the other party should be the main cause of the problem. The website of Ritter & Associates states that injuries or damages caused by your action (or inaction) are not enough reason for a case and will be difficult to win compensation for. Only if you can prove in court that another person was responsible for the injury or damages can compensation be awarded.

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Options Available after a Construction Accident

Posted by on May 15, 2015 in Workplace Accidents | 0 comments

Construction site accidents can lead to varying degrees of damages and injuries – from simple cuts and bruises to serious traumatic spine injuries and even death. With so many lives at stake in every accident that happens, construction site safety should always be a main priority. Worker’s compensation may not be enough to cover for the injuries that the worker may have suffered, and as Habush Habush & Rottier S.C. ® states on its website, construction companies are the ones who should be held liable for accidents and injuries that occur within the site or as part of the job.

Aside from the company, there are other parties that are responsible for workplace safety provisions. Equipment manufacturers, insurance companies, site owners, the general contractor, as well as the subcontractors are all responsible in ensuring that the worksite is safe, the workers are compliant to safety standards and procedures, hazards are properly labeled, and hired workers are fit for the job. Unfortunately, even with strict safety regulations from OSHA, construction accidents are an everyday occurrence.

In the state of New York, Labor Laws have been changed in order to ensure that workers are protected to the fullest. One such revision is the Labor Law Section 240 (1) puts the responsibility of ensuring workers are protected by securing worksite safety is enforced and that presumption of liability when an accident (specifically gravity-related) occurs and resulted to a worker’s injury. Worker’s compensation will be given regardless of whose fault the accident was, but if the company or those responsible refuse to provide injured workers with such benefits, the website of Hach Rose says that workers can file personal injury claims to seek fair and just compensation. Construction site accident can lead to serious injuries that can be life-altering, therefore companies should be accountable and responsible enough to provide their workers with compensation that they deserve.

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