How The Wage Claim Process Works?

When you are not getting the right wage that you deserve as an employee, then it is time to fight back and claim what is yours. You are protected by the Fair Labor Standards Act (FLSA) when it comes to how you will be paid. The website of Williams Kherkher reveals that your employer may be routinely denying you of the wages you are entitled to.

The process of filing a wage claim can be tedious but in the end you could be getting the right wage. The process starts with the filing of DLSE Form 1. This procedure initiates an investigation by the Labor Commissioner. Make sure that you provide as many information as you can on the form. You should also support your claim with other forms for your working hours, commissions, or vacation wages.

Next, the Labor Commissioner will invite you and your employer for a settlement conference. This is necessary in order to keep the claim from reaching the court. During the conference, it will be determined whether or not the claim can be resolved without going to a hearing. The plaintiff is not required to prove their case during the conference.

The last stage in the wage claim process is the hearing. Both parties will receive a Notice of Hearing indicating the date, time, and place of hearing. Here evidence will be presented to the court. Just like in a normal court proceeding, you will also need to gather witnesses who will be cross-examined by the defendant so make sure that they are well-versed about this so they can effectively study the case.

Most people rely on their wages to make both ends meet. If they will be denied of the money they worked hard for, the right thing to do is file a claim so you can get the wages that you lost and other payments.

Diseases persons may get from dog bite injuries

Aside from serious puncture wound injuries, individuals who have been bitten by dogs are also at high risk of suffering serious diseases that can be fatal. According to the U.S. CDC, nearly 1 out of 5 in the approximately 4.5 million dog bite victims every year becomes infected.

Although rare in the U.S., one of the serious diseases that may affect dog bite victims is rabies. People may die from dog bite injuries if the dog’s saliva is infected by rabies virus. According to the website of the Abel Law Firm, when a person is bitten by a rabid dog, they may experience symptoms like fever, nausea, headache, and confusion. Persons who have been infected by rabies may get scared in the presence of water as they experience swallowing difficulty. Another bacteria from the dog’s saliva that can cause illnesses is Capnocytophaga spp. The bacteria that can also be found in the mouth of other animals including human can be transmitted to other persons not only through a bite but also through close contact and scratches. Individuals are at risk of suffering illnesses from Capnocytophaga ssp. if their immune system is weak. Dog bite victims might be infected by pasteurella bacteria when the bite area becomes extremely painful. Typical symptoms of pasteurella infection are swelling in the joints, swollen glands and mobility problems.

Other dog bite victims may suffer rigid paralysis if they have been infected by Clostridium tetani bacteria or commonly known as tetanus. Oftentimes individuals are infected by tetanus bacteria after sustaining deep dog bite wounds. Individuals who have been bitten by dogs are advised to seek medical treatment to possibly prevent serious infections. The CDC strongly advises dog bite victims to immediately see their healthcare provider if they are unfamiliar with the dog that attacked them or their wounds become extremely painful and swollen.

In Case of Personal Injury

If there’s a fire, you know what to look for—fire extinguisher, a hose and a fire hydrant, or maybe just call in the fire itself. You know to stop, drop, and roll. You are aware of what to do just in case of a fire. Presumably, you also know what to do in case of natural calamities such as earthquakes or tornados. There are drills and safety precautions in order to stop these events from harming you.

And while these are very good exercises to instill, there is something that lacks the general conception—what do you do when you’re in a situation that constitutes as personal injury?

First of all, what exactly is personal injury? Personal injury is the legal terminology used for circumstances for when an innocent person (or party) is then injured due to the negligent actions of someone else. The act of negligence need not be intentional for the wrongful party to be held accountable to it; even if the wrongful party did not mean to cause harm, the harm was still caused and they must be accountable for it.

According to the website of the Tennessee injury lawyers of Pohl & Berk, LLP, the injury does not also have to be purely physical as personal injury law also covers emotional and mental trauma as grounds enough to hold a case. For example, if the plaintiff develops Post-traumatic Stress Disorder (PTSD) due to an accident that was caused by someone else’s negligence, then that is grounds enough for personal injury.

Now, what do you do just in case of personal injury? Well, the most advisable course of action is to immediately contact a reputable and experienced legal team for consultation. The best way to go about something like this is to have someone who knows how to play the field on your team from the get go. After all, surviving the aftereffects of an accident can be difficult to handle emotionally and decisions are difficult to make when in a state of emotional distress.

The best thing to do is to ask for help from people who specifically specialize in this kind of situation.

Important Information about Concussions

A concussion is a kind of traumatic brain injury that occurs when the brain is violently shaken because of a sudden blow. Although most cases of concussion heal within a few weeks, some may result in serious complications that can sometimes be deadly, including epilepsy and brain swelling.

Trauma is considered the primary cause of concussion. Tennessee personal injury attorneys will likely opine that the head or upper body trauma that stems from a car accident, a work-related incident, or a personal assault may result in this type of brain injury. However, symptoms of concussion may not be immediately noticeable after the traumatic event, and may even be delayed for up to a few days.

Among the most common symptoms associated with concussion are:

  • Temporary loss of consciousness
  • Headache
  • Confusion
  • Amnesia of the traumatic incident
  • Nausea
  • Vomiting
  • Weakness
  • Tinnitus (ringing in the ears)
  • Delayed reaction time

After a traumatic incident, it is best to consult with a healthcare professional to see if you are suffering from a concussion. Your doctor may conduct a series of examination to test your vision, balance, hearing, coordination and reflexes. Cognitive testing may also be done to check if the traumatic event has affected your concentration and memory. Imaging tests, on the other hand, are helpful in detecting whether the concussion has resulted in bleeding and swelling. These tests include X-rays, magnetic resonance imaging (MRI), and computerized tomography (CT) scan.

After a concussion, your doctor will advise you to get plenty of rest to give your brain time to heal. You may also be prohibited from returning to play or work until the symptoms disappear. For your headache, you may also be advised by your doctor to take pain relievers, although you should be more careful in buying over-the-counter pain relievers, as some of them are known to increase the risk of bleeding.

Resolving a Contested Divorce

Going through the divorce process can be extremely challenging. Aside from the emotional stress and devastation typically associated with the end of a marriage, a divorce also requires a couple to make important decisions about issues that might not be easy to face together. Considering that the dissolution of a marriage is brought about by certain circumstances that can no longer be resolved, making arrangements about divorce-related issues like child custody, spousal support, property division, and debt allocation can easily turn antagonistic. Couples who reach an impasse during these negotiations have no other choice but settle their disagreements in court and allow a judge to make decisions on all unresolved. Situations like these are referred to as a contested divorce.

A contested divorce is resolved through an arduous legal process that starts with one spouse filing a petition. The divorce petition is best prepared with the help of a lawyer, as they will be the one to figure out the specific clauses that should be included in the initial request. After qualified attorney has looked over a divorce petition, it can then be filed in court and served to the other spouse. The court gives the second part 30 days to respond to the petition. Failure to issue a response within this given time period can lead to a default judgment in favor of the petitioner.

With a response to the divorce petition, the process can move on to the next step, which is typically known as the “discovery period.” Here, both spouses and their individual lawyers are allowed time to acquire as much information about the contested issues being covered in the petition. With more information about these issues, judges typically hope that couples are able to settle their differences through an amicable settlement. However, if this remains impossible, the divorce petition will go into trial. At this time, a judge will hear evidence pertaining to the couple’s unresolved issues and make necessary decisions and rulings.

Sometimes, a contested divorce remains unresolved even after a judge offers his or her ruling. The law also allows a specific time period for filing appeals. Because the entire process can easily become complex, Arenson Law Group, PC suggests on its site that divorcing couples individually seek out the help of qualified family law attorney as soon as possible in order to deal with the case in the best and most beneficial way.

Death as a Cure

Millions of people suffer from chronic back pain, but it seldom comes to the point that death becomes preferable. This is what happened in the case of a Salt Lake City resident who died in the pursuit of relief from his chronic back pain. Whether he preferred death to the pain or not is a moot point; his physician prescribed him with so many different kinds of drugs that it eventually killed him. It’s true that he no longer feels pain, but his widow is not likely to see it from that perspective.

In fact, his widow sued Intermountain Healthcare, the employer of the prescribing physician, for medical malpractice and wrongful death. His widow claimed that Intermountain failed in its duty of care to her husband when he was overly-prescribed with a bad combination of pain-relieving drugs that led to a toxic and fatal effect on the patient. The jury that heard the case in the Second District Court of Utah found for the plaintiff, who was awarded $1.6 million in damages. The case is docketed as Krambule v. Intermountain.

It is possible for a physician to prescribe an excessive quantity of medications that can adversely affect the health of a patient if he or she is negligent, reckless, or incompetent. People rely on their physician’s knowledge and experience to protect them from harm. There are millions of drugs out there, and thousands of pain medications that have their own set of contraindications which it is the physician’s duty to know and explain to the patient. Part of their responsibility is to tell the patient about the potential for harm in the drugs that are being prescribed. The failure to observe this duty that leads to serious injury is medical malpractice, and if it eventually leads to death, it is wrongful death.

According to the website of Pohl Berk, if you have just recently discovered that you have a medical condition caused by the incompetence and/or negligence of a physician in prescribing medication, you could still make a claim. Find a competent personal injury lawyer in your area to assess your case and explain your legal options.

California Tort Laws

“Tort” is a legal term for a wrongful act by a person or entity, and it is typically used to describe laws that govern civil rather than criminal acts. As such, tort laws are applicable to civil cases involving personal injury, property damage or violations, and privacy rights. In general, tort laws do not impose jail time but instead may require the liable party to pay monetary compensation to the victims. Tort laws are distinct from criminal laws, but both may apply to certain cases i.e. homicide.

Each state in the US have their own set of tort laws, so it important that when a civil action is being considered that the lawyer chosen to represent the plaintiff practices in that state. For example, a case in San Diego is best represented by San Diego lawyers such as those found in because they tend to be more aggressive. Tort laws, just like any other legislation, are constantly changing as courts rule on cases that are brought before them although in general state tort laws share many commonalities. However, there are some states that have tort laws that are not found in any other state. One of these is California.

For example, there is the California Tort Claims Act which allows an individual, group, or entity to file a civil lawsuit against a government agency or entity. States generally impose something called sovereign immunity which exempts them from civil actions. There is also the California Evidence Distinctions which describes how to use evidence in court distinct from federal guidelines. California has also passed into legislation “reckless misconduct” as a third type of tort violation in addition to intentional and negligent acts which is what is commonly used by other states to classify a tort case.

If you need aggressive representation for a tort cases, you need more than the family lawyer. Consult a personal injury lawyer in your area to get the best possible representation.

Unpaid Overtime or Wages

Under the Fair Labor Standards Act (FLSA) of 1938, every minute spent working, whether within company premises or outside of it, will have to be compensated – these is the same for office employees who are asked to leave their desk to drive someone (if needed) to some destination or an employee who has been asked by his/her employer to pick up something or run an errand (a work-related task) on her way home.

FLSA, a US federal decree which is also known as the Wages and Hours Bill, defines the legal number of daily and weekly working hours, the national minimum wage, the legal pay for overtime work, and the prohibition of the hiring minors to do hard work. Another law was passed in 1947, the Portal-to-Portal Act, which mandated the compensation of all kinds of work performed for the benefit or under the instructions, of the employer, regardless of time and place.

One of the main issues both laws intended to address was the problem on overtime pay. Obviously, people work overtime to earn a bigger income for their various financial needs and concerns. Not all employees, however, are entitled to render overtime work, denying them of the possible additional income. “Exempt” employees (or those not eligible to render overtime) include, professionals who paid on a salary basis, administrators and executives, salespeople working outside the office, independent contractors, volunteer workers, criminal investigators, those working in recreational or amusement business firms, seamen, certain switchboard operators, farmers, and so forth.

Employees who are allowed to render overtime work, on the other hand, are called “nonexempt” employees. The major concern of many employees, though, is not their regular work or their eligibility to work overtime, but on the stubbornness of many employers who refuse or find ways to not pay them or delay their pay for the work/overtime work they performed.

Unpaid overtime and/or giving a wage below the minimum amount determined by the federal government is an unlawful practice that some business establishments are still guilty of committing, to the detriment of many employees, most especially undocumented workers or illegal immigrants.

In an article in its website, the law firm of Cary Kane LLP clearly states that even undocumented workers are protected by the law and are entitled, as much as anyone else, to be paid the legal amount of pay; and the courts, the firm further explains, will definitely not look into the complaining employee’s immigration issues when the lawsuit is based on unfair labor practices (such as unpaid overtime or wages) by his/her employer. The FLSA allows a two-year statutory period (three years if the violation is intended and voluntary) for the employee to file the appropriate lawsuit in a federal court.

Lancaping, Wherever You Are

Landscaping is a longstanding profession that has become increasingly scientific as time has marched on. A landscaper’s job entails making sure all of the vegetation is growing healthily, maintaining this growth, and ensuring beauty. This is a tough job that mixes a lot of disciplines, so it requires a lot of training, but it’s all worthwhile when you get results like this:



Sole Proprietorship and Limited Liability Companies: Advantages and Disadvantages

Two of the various types of business entities recognized by the US government are Sole Proprietorship and the Limited Liability Company (LLC). Sole Proprietorship, which makes up about 73% of all firms in the United States, is a type of organization that is owned and managed by just one person; it is also the most widespread type of business in the US. LLC, on the other hand, is somewhat like a ‘hybrid’ type of business as it combines characteristics that define partnerships and corporations; there is no limit with regard to the number of owners (called members) of an LLC (can be a single owner or multiple owner/member).

Business entrepreneurs ought to choose well which type of business they would want to venture into, considering the type of service they want to provide, plans for future development or duration of the business and, most importantly, on the type of limited liability protection they would want to have.

In the event of a claims suit filed against the business, it is the limited liability protection that will determine the owner or shareholder’s amount of financial liability; the type of protection chosen can either limit the financial obligation to the amount of capital invested, saving all personal assets. Without the protection, however, personal assets may be included, that is, sold, in order to satisfy the amount the owner / shareholders have to pay.

Some of the advantages and disadvantages of sole proprietorships and LLCs include:

Advantages of a Sole Proprietorship

  • Easy to start and manage
  • Provides high profits
  • One tax payment already covers owner and the business (since owner and business are considered as just one entity), thus, eliminating the chance of double taxation
  • Ending the operation is also much simpler and easier, requiring only payment of existing bills and then closing shop

Disadvantages of a Sole Proprietorship

  • Owner’s liability is unlimited, giving creditors the right to go after your personal assets
  • One owner limits the amount of capital, which can affect the stock inventory and the hiring of qualified or competent employees
  • Owner may either possess or not possess good managerial skills limiting the firm’s development

Advantages of an LLC

  • Easy to form, manage and maintain if there is only one owner
  • Eliminates the possibility of double taxation (unless a different tax classification is chosen)
  • Ensures limited liability protection for the owner/s, so that courts or creditors will not be able to take any of your personal assets even if your business goes bankrupt, injures someone or runs into legal troubles
  • Faces lesser state-imposed yearly obligations.

Disadvantages of an LLC

  • Possibility of paying other fees and higher taxes (e.g. annual report and franchise tax fees)
  • LLC laws are not well established yet; this could render any plans of doing business in other states much harder
  • More expensive to form due to the state-required formation documents and weeks of notice (published in local newspapers) regarding its formation – a requirement that is quite costly
  • Transfer of ownership, addition of new owners and changes on ownership percentages is much harder compared to a corporation.

According to the website of the business formation lawyers of Arenson Law Group, PC, if you are considering starting your own business, you shouldn’t be forced to worry about all of the complexities and legal issues associated with forming a business entity. Your focus, at least for the moment, ought to be on your plan and securing funding, employees, and a workspace. With the help of a lawyer who is well-versed in business law, though, any concern that needs to be addressed can be dealt with, with much efficiency. That is the great advantage of hiring a business lawyer.