Federal Laws that Protect the Rights of Non-exempt Employees to Overtime Work and Pay

Federal Laws that Protect the Rights of Non-exempt Employees to Overtime Work and Pay

Jun 21

Federal and state laws protecting the rights of millions of employees all across America are in full implementation, making them more than enough to rid workplaces of unfair labor practices. Two federal laws that were enacted to safeguard employees’ rights were the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act. The first, also called the Wages and Hours Bill, is a federal law that gives directives on the national minimum wage, on the allowable amount of work hours per week, on how much pay employees ought to receive for overtime work and on child labor; the second, or the Portal-to-Portal Act, passed into law in 1947, states that any work performed for the employer’s benefit, regardless of time, should be taken as work time deserving compensation.

Despite these laws many unscrupulous employers continue to find ways to treat employees unjustly, with many of them even getting away with their unjust practices. Fear of losing their employment is among the major reasons why affected employees choose to be silent rather than complain against employers. One unlawful labor practice most frequently suffered by so many employees is denial of pay for overtime work rendered.

Not all employees can render overtime work, though, but those who are qualified to do so, also known as non-exempt employees, ought to receive overtime pay for all hours worked in excess to the required 40 hours work per week. And their pay, as the law orders, should be equivalent to 150 percent of their hourly rate (or time and a half). Exempt employees, or those who cannot render overtime, include executives, administrators, professionals, certain farm and agricultural workers, housekeepers, some transportation workers, external salespeople and independent contractors.

Regardless of the type of employment you have, full-time, part-time, temporary, salaried or hourly employee, in a private or public firm, so long as you are non-exempt, then you can earn overtime and ought to receive the pay that you deserve.

Insurance Firms and their Strategies for Avoiding Paying You Your Due

Insurance Firms and their Strategies for Avoiding Paying You Your Due

Jun 19

With winds raging to at least 74 mph or 119 kilometers per hour, these large, swirling storms called hurricanes are able to destroy or damage houses, buildings and trees or anything else that lie in their path. And with another active and rough hurricane season for 2013, the US faces another surge of destructive calamities, hopefully not as violent as the 2005 category 3 hurricane Katrina, though, one of the most destructive and deadliest Atlantic hurricanes of 2005, which claimed more than 1,500 lives and damaged between $81 and $108 billion worth of properties.

Your basement is the perfect place to keep you safe probably even during the deadliest hurricanes, but it is not big enough to contain all of your precious belongings and properties. Thus, no matter how much you want to save everything you have, many of your valued possessions will get damaged or destroyed – this is one horrid fact you will have to face and be prepared for.

Good thing, though, you can file for hurricane insurance claim from your insurance company and receive the amount that can help you start anew and replace some of the properties you have lost. In assessing damaged properties, insurance providers usually hire independent adjusting firms to do this job for them. With the adjuster new on the job, though, or by examining your property when the actual extent of damages are not really apparent yet, wrong estimations are, more often than not, made.

Those familiar with insurance laws, especially insurance claims attorneys, interpret these inaccurate estimations as just among the strategies employed by insurance companies to evade paying huge amounts to claimants, losing profits in the process. Besides undervaluing the amount of damaged and lost properties, other strategies they employ include delayed release of your benefits or complete rejection of the claims you file.

However complex insurance policies are there are lawyers who are fully familiar both with these policies’ stipulations and with insurance firms’ strategies, which will keep them from paying you the right amount. Losing what you worked so hard for is enough suffering from a destructive calamity; denying you of your rightful benefits would be like adding insult to injury. Get help from an insurance claims lawyer and aim to receive the benefits you legally deserve.

Fill in those Spaces Left by Missing Teeth through Dental Bridges

Fill in those Spaces Left by Missing Teeth through Dental Bridges

Jun 15

Healthy gums and clean white teeth for a better look, greater smile and greater confidence! Dental health is what more and more Americans are really getting conscious about, leading them to seek and require more than just the traditional services from dental professionals. Because of dental health too, a greater number of American kids are being trained to consume less sugary treats and drinks, a great concern to manufacturers of sweet foods as these kids’ number only continue to increase.

How healthy your gums and teeth are is the result of how you cared for them in the past while maintaining their health requires keeping to daily routines of brushing and eating teeth-whitening food plus regular consultation with your dentist. But what with regard to those whose gums and teeth are not so healthy and pearly-white? This is where a cosmetic dentist can help you as turning your teeth to clean white, which is one of the many services he or she can render, is his or her expertise.

Cosmetic dentistry is dental work aimed at improving the appearance of you gums and teeth. Procedures included in this area of dentistry include:

  • Making teeth whiter through bleaching
  • Gum depigmentation
  • Addition of dental materials to teeth or gums, such as porcelain veneers, gum grafts or crowns
  • Reshaping of teeth which do not match the others
  • Removal of tooth structure or gums like in enameloplasty and gingivectomy
  • Closing of gaps between teeth

Another procedure most beneficial to those with missing teeth is dental bridges – these are actually false teeth that are fused between a couple of porcelain crowns, filling in toothless area. Also known as pontics, dental bridges are used to replace missing tooth / teeth. Dental bridges also help lessen threats of gum disease and improve speech. These can last ten years or more, depending on the care given to them.

If you need cosmetic dental treatment, make sure that you go to an expert on cosmetic dentistry. Many who claim to be experts actually perform shoddy works that only need to be corrected later on. Check cosmetic dentist’s works and ask their patients who they have already treated – extra acts of care for a satisfying complex and sensitive procedure.

Harsh Punishments: Effective Solution against Reckless Driving?

Harsh Punishments: Effective Solution against Reckless Driving?

Jun 13

In order to acquire a driver’s license applicant drivers are required to take a driver’s education course or read a driver’s manual, take a written test, a driving lesson to familiarize themselves with US roads and then a road test to determine how they would behave behind the wheel and on the road. Though states may vary in some requirements before finally granting you your license, each state’s Department of Motor Vehicles (DMV), which issues the license, intends to ensure that you know all traffic rules and that you will follow all these whenever you go for a drive.

Not all drivers religiously observe and follow all traffic rules, though – probably not those that would inconvenience them or delay their travel time, especially if they need to be on time for an appointment. This can be the reason why, despite continuous ads and reminders about safe driving, the incidents of road accidents and car wrecks continue to increase every year. Though many road accidents are due to factors beyond the control of the driver, such as road defects or defective car parts, much more accidents can still be attributed to driver error, over-speeding and reckless driving – road behaviors that always put the lives of other motorists and pedestrians in danger.

By driving recklessly, you simply show that you prioritize your convenience over the safety of someone else. According to the website of car accident lawyers from The Williams Kherkher Law Firm, many reckless drivers are guilty of one or more of the following:

  • Tailgating
  • Not slowing down or stopping on stop sings and red lights
  • Choosing not to use signal lights
  • Speeding
  • Allowing themselves to be distracted while driving
  • Driving while under the influence
  • Weaving between lanes

If the thought of moral obligation will not make you observe and obey traffic rules, then probably time behind bars, revocation of your license or big fines will make you do it. Causing road accidents and injuring someone else in the process can be a civil or criminal offense; it will also require you to compensate the victim for whatever financial suffering he or she will undergo due to your recklessness.

Save Your Loved Ones from Nursing Home Abuses; House Them only in the Best Nursing Homes

Save Your Loved Ones from Nursing Home Abuses; House Them only in the Best Nursing Homes

Jun 12

Finding the right nursing home for someone you hold dear, one that will surely provide them with the best care possible can be a hard task, especially with all the news about nursing home abuses. All across the United States there are about 16,000 nursing homes with an estimated 3.3 million residents who may be elders, young adults with physical or mental disability or accident victims requiring therapy and rehabilitation – all needing regular nursing care and assistance in their daily needs, such as eating, bathing and toileting.

Despite the large number of residents, many nursing homes, also called convalescent homes or skilled nursing facilities (SNF), actually suffer from lack of registered nurses, nurses’ aides and staff. Many staff members are even insufficiently trained and, with so much work to do and so many things and residents to attend to on a daily basis, some experience burnout and loss of compassion; these and many other reasons result to abuses by many home personnel – physical, psychological and, the worst, sexual abuses.

Records for the past 10 years indicate millions of residents abused either by staff or by their co-residents (some of whom are also forced by the same staff). The most degrading and wicked type of abuse is sexual, though it is the least reported due to the humiliation it makes the victims feel. Forced nudity, fondling, showing of pornographic material to forced penetrative acts constitute this type of abuse. Oftentimes this abuse can be detected through the victim’s sudden silence, unexplained scars, paranoia, anxiety or over-sensitivity to touch.

In an effort to significantly reduce the number of abuses residents experience, US states threaten offenders with a charge of felony. Besides this, and on a more positive note, federal Centers for Medicare & Medicaid Services has come up with a list of Best Nursing Homes on the basis of  nurse staffing, quality care and health inspections. Ratings range from 1 to 5 stars and, as of January 2013, out of the total number of nursing homes which allow use of Medicaid or Medicare, the federal government has rated 3,036 nursing homes with 5 stars each. The top twenty states and their number of 5-star nursing homes are:

1. California (with 312 top nursing homes)
2. Pennsylvania (160)
3. Illinois (156)
4. Florida (141)
5. Ohio (137)
6. Texas (130)
7. New York (116)
8. Massachusetts (111)
9. Iowa (103)
10. Wisconsin (100)
11. Michigan (87)
12. Indiana (87)
13. New Jersey (85)
14. Minnesota (79)
15. Missouri (78)
16. Kansas (78)
17. North Carolina (69)
18. Connecticut (64)
19. Virginia (60)
20. Georgia (59)

Though a 5-star rating may be said as not a full guarantee to provision of perfect care and absence of abuse, nursing homes that received such rating from the federal government remain to be the most sensible places where to house someone you love.