Expected Legislative Changes in Employment Law

Is it right to say that we lack laws when a situation does not favor us? Or do we simply lack implementation of existing laws that we feel the need to enact some more?

Whatever we say about new laws, we are about to see some major changes in the coming days as more legislative acts are expected to bring these changes to the present employment laws.

Some of these laws are mentioned in the article “More Political Predictions”, which was posted on October 31, 2008. According to the article, the next Congress is about to pass into law a set of employment laws that will eventually affect both employers and employees.

Among these laws, I believe three of them bear significance to of employees in relation to the present employment conditions.

For one, the proposed Employment Non-Discrimination Act is expected to complement the ADA and other state anti-discriminatory laws but will deal with the issue of sexual orientation and the more controversial, sexual identity.

Another law that will have impact on the workers and employees is the Arbitration Fairness Act, which would “ban requiring an employee to agree to resolve employment related claims by arbitration as a condition of employment”.

I believe this act will help improve the employees’ conditions, as it will eliminate binding arbitration as a means to avoid jury trials in many employment cases.

The Protecting America's Workers Act, another employment law that is deemed important, is expected to toughen Occupational Safety and Health Administration's whistleblower provisions. The law also increases the penalties, both civil and criminal, and expands the coverage to the public sector.

Now, the question on whether these proposed bills will be enacted into law or not will depend much on the next Congress who can be expected to take into consideration the present economic crisis, its impact on federal, state and local governments and the cost on employers when changes are finally implemented.

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Workweek and Minimum Wage Compliance Definitions

Employers should be aware of what constitutes a workweek and minimum wage compliance as provided under the Fair Labor Standards Act (FSLA).

Workweek under the FSLA is defined as the “fixed and recurring period of 168 hours -seven consecutive 24-hour periods”. It may begin on any day and hour of the week and need not correspond with the calendar week.

Knowing the workweek is essential because it determines minimum wage compliance. Any time beyond the 168 hours shall be considered overtime hence, compensable.

Minimum wage compliance is an order that sets the minimum amount an employee should be paid in an hour.

Employees should receive compensation as set by the law. Any amount received by the latter below such standards would make the employer liable.

Guidelines on workweek and minimum wage compliance are vital. Employers would not have any reasons for not complying as they are mapped out by the law. Hence, liability may easily be pointed at the employer.

Employees should know their rights under the law. Various laws are enacted to protect their well-being. They just have to be vigilant and sue to vindicate their rights.

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Non-Resident Employees are also Covered by California Wage Laws

The case of Sullivan v. Oracle Corporation and Oracle University, filed on 6 November 2008 and decided by the United States Court of Appeals, resolved that non-residents of California are under the coverage of the California Labor Laws for works performed within the state.

In this case, it appears that the plaintiffs were instructors who go to different states to train customers on the use of Oracle software. In California, the plaintiffs worked between nearly five and 30 days per year – the rest they work on other states.

On their complaint for overtime claims, among others, the instructors alleged that the respondent, Oracle, misclassified them into exempt employees and failed to pay them overtime, daily and/or weekly.

The Court said that the California wage and hour laws, including payment of overtime, apply to the plaintiffs during the days they worked in the state.

In California, overtime law mandates that employees who are not otherwise included in the list above, 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, are entitled to overtime pay.

Meaning, they shall not be required to work beyond 8 hours in any workday or beyond 40 hours in any workweek unless they receive one and one-half times their regular rate of pay for all hours worked over eight hours in any workday and over forty hours in the workweek.

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Bicycle & Pedestrian Accidents on the Rise

The streets of San Francisco have seen the rise in the number of motorcycle and bicycles not only due to continuing rise of fuel prices and worsening economy, but in an effort to lessen the pollution and cleanse the air.

But corollary to that is the rise in pedestrian and bicycle accident which reported to have doubled since the last year. Authorities said that this does not mean that roads have become more dangerous but merely because of the increasing number of bicycles and motorcycle these days.

In 2006, vehicular accident fatalities in the US totaled to 42,642. Out of that number, pedestrian accident kills a staggering number of 4,784 individuals while nearly 70,000 pedestrians are injured.

Statistics show that at least 1 pedestrian gets killed in a traffic accident every 110 minutes, or so.

More and more people use motorcycle and bicycles to reduce the continuing micro economic burden that increasing fuel prices brought to American families.

In the State of California alone, the number of motorcycle licenses has reportedly increased – from 908,000 in 2002, the figure reached a staggering more than a million this year.

But as they say, everything has a price. As mentioned, due to increasing use of motorcycles and bicycles, the accidents in the streets involving them has exponentially increased as well. Cases of pedestrian accidents have noticeably increased too.

Pedestrian accidents are covered by tort laws which make negligent person liable for injury, damage or death of a pedestrian. Compensation may include medical bills, lost wages and property damages, as well as compensation for pain and suffering.

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Your personal Injury Lawyer

The fact is that in this impetuous life we can’t manage without help of Personal Injury Lawyers allowing us not only to maneuver in everyday life successfully but sometimes to escape more serious troubles. And though it were car, airline, fire or work accidents we appeal to personal injury lawyers for help and advice to protect yourself after an accident or other grievance. Only contacting a qualified experienced attorney is the right ways to protect your interests.



If you are looking for a skilled personal injury lawyer in your area there are great number of free online services that not only will make your finding a personal injury lawyer, attorneys, any needed law and legal research information fast and easy but put you in touch with needed personal injury lawyers in your area that have the experience you require.

Having a personal injury lawyer you have a real chance to get a full and fair settlement for your benefits.

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Statute of Limitations Against Your Underinsured Motorist Coverage

This issue covers those circumstances when you know the defendant insurance coverage will not be adequate to cover the extent of the injury you have sustained. This can happen when the defendant has no insurance or the insurance they have is not enough to compensate your damages. So the issue sometimes arises as to when do you have to file suit against your own insurance company or more accurately the insurance company covering the vehicle you were in at the time of the accident. Some people argue the time frame starts when you are injured. However in Maryland personal injury cases the suit against the UM carrier is a claim in breach of contract. As such according to Lane v. Nationwide Mut. Ins. Co., 321 Md. 165, 582 A.2d 501 (1990), the court determined the Statute of Limitations will not begin to run on a suit by the insured against the insurer for the breach of the contractual duty to indemnify until that breach literally occurs.

In the Lane case husband and wife were involved in an automobile accident that was the apparent fault of an uninsured motorist. They notified their insurance company of the accident shortly after it happened. On December 14, 1982, they brought suit against the uninsured motorist. The insurance company, however, made no effort to intervene. On April 17, 1986, over three years later, the Lanes sued their insurance company for uninsured motorist benefits. The insurance company filed a motion for summary judgment, asserting that the action was barred by the three-year Statute of Limitations. The Court of Appeals held the Statute of Limitations cannot begin running until there is an actual breach of the contract.

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Equal Treatment to Pregnant Women

Women composed nearly half of the workforce today. When they become pregnant, they have the right to apply, be hired and continue working just like any body else. In fact, about 80% of American women become mothers.

The pregnancy discrimination act was enacted to safeguard the rights of pregnant women. It amended Title VII of the Civil Rights Act of 1964.

The Act prohibits employers from employing discriminatory practices against women workers because of pregnancy, childbirth or related medical conditions.

However, problems continue to exist and to my surprise pregnancy discrimination comes from female dominated industries such as finance, real estate, retail services and insurance.

The law does not require employers to grant special treatment to pregnant women. It only requires that they be treated the same as that of other employees. Hence, if the employers give accommodation to non-pregnant employees, the same accommodation should also be granted to them.

Nevertheless, any favorable treatment by employers to pregnant women is not prohibited. The law only requires employers to make good their obligations under the Act.

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When You are Discriminated against due to Obesity

Albeit there is no law specifically outlawing it, it is still illegal to discriminate against an employee or a job applicant on the basis of his/her weight - or to put it bluntly, if such an individual is over-weight or obese.

It is common today for people suffering from obesity to be fired from work or not hired by a prospective employer because of this condition. Although it is not covered by the Civil Rights Act as a protected category as regards discrimination, such is illegal under ADA.

ADA provides protection for people with recognized medical disabilities.

You might be considered as clinically obese under certain conditions and your employer may not discriminate against you by firing, not hiring or demoting you from your current position because of your condition.

If you are suffering form this condition and you feel you were discriminated against in the job, consult and seek the assistance of an attorney specializing in discrimination lawsuits.

Employment discrimination attorney will be able to help you exercise your rights under the law.

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Records to Keep in compliance with FMLA

Employers are required by law to maintain records for safekeeping. No less than the Family Medical Leave Act (FMLA) imposes this responsibility upon them. These records must be preserved for at least three years and be open for any inspection by the Department of Labor representatives.

Covered employer must keep accurate records for each eligible employee. These records need not be in a certain format so long as it includes certain identifying information concerning the employee and data regarding hours worked and wages earned.

The Act requires employers to keep records of the following information:

• Basic payroll information and identifying employee data such as name, address and occupation and terms and conditions of employment

• Dates FMLA leave is taken by the eligible employees which may be taken from the latter’s time record or requests for leave

• Hours of leave if taken less than one full day

• Copies of notices of leave and copies of all general and specific
written notices given to employees as required under FMLA

• Any documents concerning employee benefits or employer policies and practices on paid and unpaid leaves

• Premium payments of employee benefits

• account of any dispute between the employer and an eligible
employee regarding designation of leave as FMLA leave reasons for designation.

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Causes of 18 Wheeler accidents

Over the years, our attorneys have handled trucking accidents across the State. The accidents can be caused by a number of factors. In all cases, there needs to be an investigation conducted by experienced individuals. When investigating a semi-truck accident, it is important to get the right information for the case:

Could the company be negligent in the hiring and training the driver?
Does the company have safety policies and training policies?
Could the driver have been fatigued?
Has the driver had prior accidents, speeding tickets or DUI charges?
Was the driver intoxicated or under the influence of drugs while driving?
Was the accident a result of an unsafe load, unbalanced load?
Was the truck properly maintained by the driver and or company?
Are there logbook requirements with the company?
Are the driver logs falsified?
Were defective tires or other defective equipment responsible for the accident?


Our law firm will get to the bottom of those questions, in order to obtain the best possible award for our clients. Most likely, if a heavy truck (18-wheeler, semi, tractor-trailer) crashes into a car, SUV, or motorcycle, the injuries are nearly always fatal, and the victims will suffer lifelong injuries (including paraplegia and quadriplegia), brain injuries, or even amputations.


Too often, the injured victims never recover and need substantial resources to get their lives back in order. Our goal is to cover the expenses which include compensation for medical bills, lost wages, future medical care, attendant care, job retraining, and pain and suffering.


If you or a loved one has been involved in an 18-wheeler accident, make sure you have a truck accident attorney with the experience in handling truck accident investigations and insurance claims. Visit our website: http://www.thebaezlawfirm.com/ or http://www.sanantoniopersonalinjurytriallawyers.com/ for a free consultation on your case. This is why we say, "We Care About Your Legal Needs!"

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Surviving a car accident

Even the best defensive driving classes and split-second decisions may not prevent you from becoming the victim of a life-threatening auto accident, but like the Mercedes Benz commercial says " you need to be ready in case it happens." According to the U.S. Census Bureau, the annual number of fatal collisions hovers around 40 thousand. As a driver, you should continually educate yourself and exhibit attentiveness and self-control on the roadways so you're more prepared to survive an auto accident.

We have collected information helpful for you, the driver, in order to survive a car collision, if it ever happens.

Step 1: Ready yourself mentally before you get on the road. Since you'll generally have little time to contemplate a course of action when faced with an oncoming collision, it is important to remain focused at all times. Turn off your cell phone, put away your hairbrush and turn down your radio. Be mindfully present when you're driving--not distracted.

Step2: Have your mechanic test and service your restraint and safety systems on an annual basis. Airbags and seat belts save countless lives each year, but only if they are in proper working order. If you purchase a used car, have the integrity of the safety systems evaluated before you begin to drive the car regularly.

Step3: Service your brakes, tires, transmission and suspension systems according to dealer recommendations, and sooner if you suspect a problem. Your car will only react as well as its systems are maintained. Driving with worn brake pads and bald tires may cause an accident to become serious, or even fatal.

Step4: Remain upright, gripping the steering wheel tightly at 10 and 2 o'clock and bracing yourself for a collision. Do not allow your body to go limp, as you need increased muscle tone and rigidity to protect your organs, spinal discs and skeletal system. It is better to suffer from sore muscles than a ruptured spleen or spinal fracture following an accident.

Step5: Get out of the vehicle and move away from the area if you can walk on your own. If you begin to smell smoke or see flames, run away from the car immediately to avoid an explosion. Your ability to survive may depend on your speed in extricating yourself from the vehicle and the accident scene.

Step6: Bail out of your vehicle immediately if it is headed toward or floating in a body of water. Once an automobile sinks below the water's surface, the doors and windows become nearly impossible to open due to the intense water pressure. If your door is stuck shut, kick out a window to exit the vehicle.

Step7: Resist the urge to duck toward the steering wheel before a collision. Upon impact, your head may strike the wheel and render you unconscious. In addition, if your vehicle is equipped with airbags, you could sustain serious burns from the airbag explosive or other damage due to the airbag's facial impact.

Step8: Sit at least 10 inches away from the steering wheel if your vehicle is equipped with an airbag. If you're seated closer, the airbag could break your ribs, or cause lung damage or other serious internal conditions. If you are too short to reach the pedals without moving the seat forward, purchase pedal extenders.

Step9: Adjust your headrest so it sits just above your ears. If your headrest is too low, you could incur serious or fatal cervical damage when your head impacts the rest.

Step10: Wear your seatbelt properly. Do not put the chest harness behind your back, as wearing only your lap belt subjects the spine to serious trauma upon collision impact.

This steps will help you prevent an accident; however, if you are involved in one, then please contact our law firm for help. Visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com for a free case evaluation.

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Factors of a Personal Injury Claim

If you have been involved in personal injury, and manage to successfully make
a claim, then you will receive compensation for the injuries that you sustained.
It is only right that someone receives monetary recompense if they have been
injured as the result of another’s negligence. The amount of money that a person
receives as a result of an injury, is directly relevant to the extent of injury,
whether mental, physical, or both.




When a person gets injured, they can often lose a great deal, such as their
mobility and their standard of living. As well as this you have the fact that a
person can be mentally scarred for the rest of their lives, as the result of
personal injury. It is important to be aware that the litigation industry has
been subject to fraudulent claims over the years. What with this being such a
problem, the process of winning a claim is stringent, and laced with
bureaucracy. This is why it is so important to be able to prove your claim.




The amount that a person gets awards as a result of personal injury, is
directly relevant to how bad the injuries that a person sustains are. This is a
big part of why people are often prepared to make out that they sustained
injuries to a far greater extent than they actually did. A good example of this,
is the amount of people that are involved in car crashes, and subsequently go to
the doctors, and walk around for a week with a collar on. In doing this they
have medical proof of whiplash, and can therefore make a
personal injury claim.




If a person is going to file a claim, then ideally they want it to be against
a person that they are not familiar with. This is often why people are so
reluctant to file against their employer, as they do not want to have to go into
work for the rest of their employment, and face the company and its
representatives. This is amplified with a claim against a small business, as
people often work alongside the owner of the business. Even though companies
have insurance against such things, and the money is not coming straight out of
their pockets, it is still a case of their insurance premiums being effected.


 

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Insurance law and terminology for the state of Texas

In the state of Texas, the law mandates minimum automobile liability insurance coverage for automobiles registered in the state. This includes property damages and personal injury coverage, which we will now discuss. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident (property damage). Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident (personal injury).

Texas law requires that each car registered in the state have a minimum of $20,000 in insurance coverage for one person injured in an accident, and a minimum of $40,000 for all persons injured in an accident. These are considered (policy limits). In addition, Texas requires a minimum $15,000 in coverage for property damage.

Conversely, Texas law does not mandates coverage of policies, when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver. The rationale is that every car, according to the law, should have its own coverage, hence, why have it. Such coverage typically pays medical bills and lost wages for you and your passengers, in a case where you cannot collect these damages from the driver at fault for the accident, and we highly encourage each consumer to get it.

Insurance companies are allowed to offer Texas drivers a choice between purchasing auto insurance for the traditional fixed installment at an annual rate, and the more innovative cents-per-mile rate. On the other hand, under the traditional system a car owner purchases insurance at an annual rate irrespective of the frequency with which the owner uses the car, under the cent-per-mile system, an owner pays for coverage only for those miles driven. Consult with your insurance company to see what type they offer to you.

Texas designed this system to make compulsory insurance more affordable, thereby reducing the incidence of illegally uninsured motorist. A cents-per-mile rate works in this way: An insurance company assigns your car to one of its rate groups according to your zip code, car use and type, driver type, and other information about your household. Your car might be put into a group paying $500 a year.

When the insurance company determins that the average miles a year for cars in your group was 10,000, the alternative mile rate for your group would be 5.0 cents a mile. If you chose the mile rate instead of the annual rate, you might initially buy 2,500 miles for $100 (= 5.0¢/mi. x 2,500 mi.) plus a nominal expense fee. The insurer would add these miles to your car's current odometer reading to determine the mileage at which coverage would end. Before you drive all these miles, you would have to buy more miles to remain legally insured.

The insurer may wish to purchase additional insurance coverage beyond compulsory insurance. In many cases, the owner of an automobile, may be held personally liable for any damages in excess of the insurance coverage. Purchasing additional coverage could protect your personal assets in case of a suit.

The following are the basic terminology used by insurance companies used when dealing with aditional insurance coverage. Basic Reparations or Medical Payments Coverage, Collision Coverage, and Comprehensive Coverage. Basic Reparations Coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, Comprehensive Coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.

If you have been injured as a result of an accident, please contact our firm so that we can explain to you your legal rights. We specialize in any type of accident, including but not limited to auto, truck, airplane, boat, motorcycle, car, bus, rollovers, roof crush injuries, death, brain injury, multiple trauma, broken bones, fatal injuries and more. Please call us (210) 979-9777 or visit our website http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com so that we can set you up a free initial consultation with our attorneys. We are The Baez Law Firm, and "we care about your legal needs!"

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Between Winning and Losing in an Auto Accident Claim

Recovering for damages in an auto accident requires more than having an injury to show and having someone to account for it as the offending party (defendant).

Take the case involving Keanu Reeves and Alison Silva as mentioned in the article, “Keanu Reeves Wins Lawsuit Filed by Paparazzo Alison Silva”, posted on November 3, 2008.

According to the article, the lawsuit arose from an auto accident where Reeves, who was driving his car, had allegedly struck Silva, resulting in permanent damage to his wrist as he claimed.

However, in the hearing that lasted five days, the jury who heard all the testimony of witnesses, including a video, decided in favor of Reeves, turning down Silva’s claim of $ 711, 974, to cover for medical expenses and compensation for lost wages.

There is no surefire way to win in an auto accident claim but one can surely increase his chances of obtaining a successful claim. Winning a claim depends on a case-to-case basis, meaning the verdict in a case will depend on the issues raised and its merits.

To increase one’s chances in obtaining full compensation in an accident, it is necessary to have evidence of the accident and your injuries well documented, including accident reports and the medical findings.

In addition, hiring a personal injury lawyer who specializes in auto accidents may also improve one’s chances of getting a rightful claim.

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Maryland Medical Malpractice the Twenty Percent Rule

Maryland medical malpractice law places a limitation on who can testify in the cases to certify and/or testify to the standard of care to those medical providers who devote no more then 20% of their professional time to testifying in personal injury cases. Specifically, MD Code, Courts and Judicial Proceedings, § 3-2A-04 b(4)

A health care provider who attests in a certificate of a qualified expert or who testifies in relation to a proceeding before an arbitration panel or a court concerning compliance with or departure from standards of care may not devote annually more than 20 percent of the expert's professional activities to activities that directly involve testimony in personal injury claims.

The issue was addressed in in Witte v. Azarian where the court addressed what kind of activities “directly involve testimony in personal injury claims,” within the meaning of CJ section 3-2A-04(b)(4), so as to constitute the numerator in the 20 Percent Rule. The court reasoned that the operative statutory phrase at issue (“activities that directly involve testimony in personal injury claims”), was ambiguous, as its meaning could not be ascertained from its plain language, and that, in light of the legislative history of the Act as amended, including the amendments establishing the certificate of qualified expert requirement, that language had to be read narrowly, so as to avoid “creat[ing] an unreasonable impediment to the pursuit, or defense, of a common law right of action” for medical negligence. The Court determined a standard to determine the issue as follows:

A more reasonable approach, we think, is to regard the statute as including only (1) the time the doctor spends in, or traveling to or from, court or deposition for the purpose of testifying, waiting to testify, or observing events in preparation for testifying, (2) the time spent assisting an attorney or other member of a litigation team in developing or responding to interrogatories and other forms of discovery, (3) the time spent in reviewing notes and other materials, preparing reports, and conferring with attorneys, insurance adjusters, other members of a litigation team, the patient, or others after being informed that the doctor will likely be called upon to sign an affidavit or otherwise testify, and (4) the time spent on any similar activity that has a clear and direct relationship to testimony to be given by the doctor or the doctor's preparation to give testimony.

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