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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