Can Undocumented Workers File a Claim for Unpaid Overtime?

Living up to the country’s moniker as the land of equal opportunity, the United States federal government has taken huge strides in protecting right of each worker to receive fair and equal compensation. As such, every individual employed in America is expected to be compensated with no less than a minimum wage of $7.25 for every hour of work. Similarly, many of these employees are also required by law to receive additional wages for time spent rendering services over the regular 40-hour work week. Both these rules found in the Fair Labor Standards Act , abbreviated as FLSA, are meant to cover a huge majority of the American workforce, including undocumented workers who may not have proper immigration status.

The FLSA puts it quite clearly: barring very few circumstances, all workers employed in the United States are entitled to overtime wages. In no way does the FLSA single out undocumented workers in its entire treatise. Regardless of one’s immigration status, all employees in America are expected to receive the same legal protection when it comes to the payment of wages. Just like every other American employee, these workers have every right to consult with an overtime pay attorney and pursue a claim for unpaid wages with the Department of Labor or their state court. In these proceedings, an undocumented worker’s claim must be evaluated in the same way as any other claim would be. Employers arguing the claim are, therefore, prohibited from bringing up issues of immigration and citizenship in order to influence the outcome of the petition.

Through changing social and cultural conversations, much of the U.S. has made significant progress in protecting the rights of undocumented workers. These developments were widely influenced by a few notable FLSA violation cases from the last few years. One of these cases was ruled on by the U.S. District Court for the Southern District of New York in 2011. The case Solis v. Cindy’s Total Care, Inc., filed by the Department of Labor, involved a luxury nail salon which argued that the undocumented workers in their employ were exempt from FLSA coverage. District Judge Paul Engelmayer ruled otherwise, emphasizing that the FLSA notably covers “any individual” in its policies, without ever explicitly ruling out foreign residents or undocumented workers.

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Factors that can Influence a Court Decision on Who shall have Custody of the Child

If you and your spouse are settling a divorce case in the state of Texas, having filed your petition for divorce under the “no fault” ground may help lessen the emotional burden; however, once the process comes to that part where you and your spouse need to settle divorce-related issues, which may include child custody, among others, then it is more likely that the process will be more emotional and contested unless you and your spouse find a way to settle all issues in friendlier ways.

If, however, despite the court’s encouragement, you and your spouse fail to come to an agreement, then expect that the courts will do all things possible to make sure that the child, especially if he/she is a minor, will be spared from any form of trauma. The courts will also have to make the decision on who shall have custody or conservatorship of the child.

Assuming, however, that the spouses/parents are able to arrive at an amicable settlement and are able to draw up an agreement that contains provisions for conservatorship, then the court may recognize such agreement but only if it finds that agreement to be in the child’s best interest. The spouses may then file their written agreement with the court which, in turn, may decide to render an order wherein both spouses are appointed as joint managing conservators.

Texas courts reserve the right to decide over issues relating to child conservatorship or custody. If it deems necessary, instead of joint conservatorship, it may decide for sole conservatorship, wherein custody is awarded to only one of the parents. This means that the child will reside with the appointed custodial parent with that parent having the exclusive right to make decisions about the child’s growth and development.

According to Kirker Davis, as much as possible, Texas courts still prefer joint conservatorship arrangements to allow the child to maintain a meaningful relationship with both parents. Under a joint custody arrangement, both parents share the decision-making responsibilities for their child.

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The difference between assisted living facilities and residential care facilities

Assisted living facilities and residential care facilities are almost the same. However, there are some notable distinctions between the two that families and elderly should know in order to make a smart and logical decision.

Important components that elderly needs in an environment like safety, convenience, and comfort can be found in assisted living and residential care facilities. Families may want to consider an assisted living facility if their elderly loved one want to live alone in an apartment type of facility. Every assisted living apartment units usually have signaling devices that elderly may activate in case of emergencies. Assisted living facilities also have a support staff whose job is to monitor and check elderly, the SeniorAdvice.com said. Assisted living residences have common areas like dining rooms, living rooms, and laundry rooms that elderly share. Elderly who have trouble bathing themselves can get assistance inside the facility. Some assisted living residences offer other services like emergency medical assistance, physical therapy, and hospice care.

“Residential care facilities” are elderly apartments that can be a studio-type or with a bedroom. Typical residential care units only have private bathrooms and personal storages that can be used by shared residents. These kinds of facilities have state license and are required to have a sufficient number of staffs that usually work 24 hours a day. Residential care facilities can be an option for elderly who are mentally fit and are able to do basic caring for themselves like eating, dressing, and bathing. Aside from meal services, residential care facilities also offer housekeeping, laundry, and social activities. Elderly who are considering this type of facility must inquire for specific policies mostly if they will need wheelchairs or walkers. Some elderly may be hesitant to live in residential care facilities as they have to share a room with other elderly.

Knowing the difference between assisted care and residential care facilities is critical in making sure that your elderly loved one is getting the better life he or she deserves.

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The Impairing Effects of BWI

Aside from drunk-driving, another major cause of accident that continues to claim the lives of hundreds of individuals is BWI or boating while intoxicated . The Boating Safety Resource Center, the official website of the U.S. Coast Guard’s Boating Safety Division has an online article which says that: BWI is just as deadly as drunk-driving. Drinking will impair a boat operator faster than a car driver and that one-third of all recreational boating accidents are due to alcohol impairment. Because of the dangers brought about by BWI, those who violate U.S. laws regarding it will suffer imprisonment, huge fines and revocation of operator privileges.

The federal BWI law enforced by the United States Coast Guard is applicable to all types of boats, whether these be large ships, rowboats or canoes; it even includes foreign vessels sailing through U.S. territories and U.S. ships on the high seas.

Drinking alcohol while out at sea can affect the balance, coordination, vision and judgment of boat operators and passengers much faster than when alcohol is consumed on land. This is due to the sun, the wind, the sea water mist or spray, the engine noise, and the vibration and motion – the overall marine environment – that the operator and passengers experience. Due to alcohol impairment, capsizing boats and drunken passengers falling over board have been common media report as causing death.

The over-all various threatening effects of alcohol when consumed while on sea include:

  • Deterioration of judgment and cognitive abilities, rendering wise assessment of situations, processing of information and making good choices, much harder;
  • Impairment in physical control, resulting to failure to make timely reactions to dangers, lack of coordination and problem in balance;
  • Decrease 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.

According to the Hankey Law Office, states are making tougher laws which will subject to harsher punishments those who will be caught drinking before or while driving a boat. These laws are hoped to prevent some people from operating a boat if they have been drinking, and will sufficiently punish those who continue to act in a reckless and dangerous manner.

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Medical Malpractice

Incorrect medical treatment, prescription error, and surgical mistakes are just a few of the various kinds of medical negligence. These are but only a few outcomes of a different error – erroneous diagnosis.

A doctor’s failure to make a precise analysis of an individual’s medical condition can result to the deteriorating of his or her condition since no therapy has actually been produced; besides this, there’s also the risk of creating a new sickness to grow, normally as a result of prescribed drugs which might trigger side-effects. As said on the website of the Sampson Law Firm, analytical mistakes, though, are not solely limited to analysis; delayed diagnosis is also included by these. Consequently, due to these blunders, a doctor might wind up not making any treatment at all, creating a delayed therapy, or making a wrong therapy.

As said on the website of the National Institutes of Health, probably one extremely important detail a patient has to know about the wrong diagnosis is that a medical malpractice litigation can be warranted by not all misdiagnoses. This is especially true when the blunder is perpetrated as a result of a patient’s concealment of essential health info from his or her physician, defective or faulty medical equipment, a language barrier between the individual as well as the physician, when the signs manifested by the condition fail to fit the common analysis, or human error, for example, contamination or mix-up of radiology films or laboratory test outcomes, use of incorrect process by the tech or the technician overlooked something in a pathology slip or x-ray.

It’s, occasionally, quite hard to pronounce a physician responsible due to misdiagnosis. But in many cases, yet another medical personnel may actually function as the source of the blunder, therefore, producing an error is committed by the physician at the same time.

On the other hand, if the misdiagnosis is caused by the physician’s lack of skill in producing accustomed medical action, an apparent misconduct because of the physician’s laziness, non-adherence to the doctor’s signal of conduct or an apparent act of neglect that brings about patient damage, then such analysis may certainly require a medical malpractice lawsuit.

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Mercury Poisoning

Mercury was once considered an inert substance, unable to harm those who came into contact with it. It was used in many household items, such as toys and thermometers. However, over time it was discovered that mercury is a harmful substance that can poison those who come into extended contact with it.

Symptoms of mercury poisoning range from mild to severe. Mild symptoms can be slightly unpleasant and noticeable but will be mostly tolerable and not life threatening. Severe symptoms can become extremely painful and in the worst cases, life threatening.

Mild symptoms of Mercury poisoning include an itching or burning sensation or pain, skin discoloration- often in the cheeks, fingertips and toes, and a swelling of certain areas. In some cases, a peeling of the skin can be experienced. These symptoms are generally temporary, and will not persist for very long after exposure to the substance has ceased.

Severe symptoms are split in two categories- mental and physical. The most severe physical risk of mercury exposure is the potential of kidney failure. Mercury is unique from other harmful substances in that its symptoms often result in neuropsychiatric symptoms that can include emotional distress, mood swings, and memory loss and in some cases insomnia. These symptoms do not include the physical effect of bodily injury, but can cause great mental distress and should be taken just as seriously as the other potential dangers of this substance.

While many times contact with mercury is simply and unfortunate accident, unfortunately there are times when a victim is exposed to mercury due to the carelessness or negligence of a property owner. According to the website of Louisville personal injury attorneys, mercury poisoning is one of the more common injuries sustained in cases of premises liability. If this is the case, the victim of such a situation may be owed certain damages.

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The Scope of a Burn Injury

There is a law in the conservation of energy that states that energy cannot be destroyed, only transformed. If you tear apart a piece of paper, it remains a piece of paper still – just a little bit smaller and more broken up. The chemical properties that call it paper still remain for it to be called paper. Introduce fire, however, and the paper turns to ashes in the wind. Fire, for every substance, is a transformative agent. People – skin, bone, and muscle all bound together by some electromagnetic force – are just as susceptible to fire as paper is. It is only when something is so severely damaged that people can appreciate that they are, indeed, just as fragile as paper.

Burn accidents can be some of the most difficult injuries to deal with and live with as it usually consists of reconstructive surgery, sometimes involving skin grafts and the like. Medical procedures such as this can be costly and stressful. Accidents that also cause burn accidents are held in a certain time limit, which means the legal actions one can take can be severely limited to a time frame – and nobody wants to deal with paperwork and deadlines after suffering such a horrible event.

The website of West Palm Beach personal injury lawyers Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. notes that the effects of burn injuries go beyond, if you might forgive the pun, skin deep. Due to the permanent and obvious scarring that burn injuries inflict upon the skin of a person, there is a certain social stigma that surrounds them and can cause significant psychological trauma that could result into major depression or suicidal thoughts. Some victims of burns are burnt so badly that they are then incapable of physical feeling on the burnt area. Surgery can only go so far and the damage inflicted can shadow over them for the rest of their lives, some burn victims even develop phobias of fire or even post-traumatic stress disorder (PTSD).

If you or someone you know has suffered a burn accident, do not hesitate to contact specialized help in order to be represented properly in a court of law and be rewarded the best possible compensation package that might aid you best in recovering from this altering, scarring circumstance.

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Rights and Privileges of Medical Professionals

The market for professionals in the medical field will never give out. So long as there are people, there will be a need for medical assistance. There is only great good to come from the making of more clinics that are available and accessible for all to enjoy and for all to prosper. As a matter of fact, according to the website of Arenson Law Group, PC, the need for new clinics is “endless” and any new one is welcomed by the community.

After all, every business needs medical providers for its employees. In order for any business to flourish, its workers need to be comfortable and well-taken care of. This includes the medical practitioners just the same for who else is going to take care of the people who take care of your business, right? That means that the doctors and other medical staff you have on your pay roll need to be treated and compensated fairly for their services.

It is no easy feat to become a doctor; the medical field is one that dabbles with the science and cost of life. Only the very brave dare enter such dangerous waters and life prevails, as it always does; those who take the risk need due compensation for their services that require specialization and skilled expertise. There are some laws that even aim to protect the rights and privileges of medical practitioners, from a business standpoint. One such law is an act in Texas called the ‘Texas Prompt Pay Act.’

Texas prompt payment lawyers are understand that this act demands due payment for the services rendered by medical practitioners and can help doctors make claims. The process to file any sort of complaint of this nature is relatively complicated and requires legal aid from experts who are more than knowledgeable in the field. From a business perspective, it should be common sense that workers from every aspect of the business need to be treated fairly and correctly. There are laws that protect the rights and due recompense of every kind of worker.

If you know what you are owed, then it is well within your right to demand it from those who owe you.

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Should You File a Personal Injury Claim?

Ignorantia juris non excusat – ignorance of the law excuses no one, or so the saying goes. And yet, still, some people remain to be ever careless and negligent of their actions. These ill-advised decisions can be cause to accidents, however, and if you have been made to suffer injury because of another party’s negligence then you are warranted to file a claim of personal injury.

Some personal injuries are so devastating that the victim in question is forced to quit his or her given profession or, at the very worst possible scenario, is killed because of this unfortunate circumstance. All the time that you spend worrying about these immediate concerns leaves room for evidence to slowly degrade in value, making your case weaker by the day. According to the website of Habush Habush & Rottier S.C. ®, legal expertise is required immediately after the injury occurs due to the fact that the evidence must be preserved and processed in the correct way so that it will have better standing in court procedures.

The consequences of an accident that brings about personal injury can be more than what most people are equipped with, says the website of The Ausband & Dumont Law Firm. That is why there are attorneys who specialize in cases like this so that people can be rightly and intelligently defended and that due justice can be served.

If you or your loved one has been dealt with personal injury due to another party’s negligence, immediate legal action is most definitely advised. It can be a daunting task, especially if you have never had to file a claim such as this before, but it is within your right to claim. The sooner that this dispute is cleared, then the sooner you can start to properly concentrate on moving on from what is undoubtedly a traumatic experience for yourself and your family.

Don’t excuse the ignorance and negligence if you have been wronged – let the law do what it’s meant to do. Make a move now and get the compensation you deserve!

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Al enfrentar asuntos legales de cualquier tipo, muchos individuos son desalentados por su incapacidad para encontrar información especifica acerca de su caso. Por lo tanto, muchos deciden no proceder con la demanda legal o defenderse ellos mismos en contra de la acción legal. Sin embargo, aquellos que buscan asistencia legal en español pueden encontrarse con gran dificultad en buscar el tipo de ayuda que ellos específicamente necesitan. Es por eso que nosotros creemos en que todos merecen tener acceso a la información y ayuda legal que necesitan, sin importar el leguaje que hablen o su nacionalidad. Abajo les presentamos algunos recursos legales que les beneficiaran en cualquier asunto legal que necesite enfrentar.

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Why Get Immigration Assistance?

There is an adage old saying that says, “Home is where the heart is.” However, there are some cases when home is not always the place where you were born. Sometimes, you find it somewhere else – and if you’ve found it, then congratulations! A lot of people spend their entire lives looking; count yourself as one of the lucky ones to know where you want to be. However, there is the legal work that needs to be settled in order for you to do that.

According to the website of the Law Offices of William Jang, there are many challenges that await anyone who might wish to immigrate. The process for applying can be very complicated to anyone who doesn’t know the jargon or the legal procedures that need to be taken in order for the application to go through to court efficiently and properly. Your dream of immigrating can still be accomplished so long as you know the right way to go – fortunately enough, you have the option of getting the help you need in order to achieve that goal!

Your future immigration concerns could very well depend on the standard of help that you acquire and so it is imperative that you get skilled assistance in order to help you get your case along. Not only that but you must also have faith and trust with whomever it is you choose to hire because they will need to know your case and application like the back of your hand. The right kind of legal expertise will know the best way to go about your immigration concerns. Everything that you’ve been dreaming of could be dependent on the kind of assistance and representation you get in court. Do you really want to leave your future to something as fickle as change?

Contact the right legal help so you can lay back, relax, and dream of the better days you’re certain to have once the papers are over and done with.

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