The Most Common Legal Services Needed

In the course of an individual’s life, many varieties of legal services area unit required. a number of them area unit quite standard services, different times these services can take the shape of a legal specialist. regardless of the case, folks can forever want legal services.

One of the foremost common legal desires an individual faces is once livid in Associate in Nursing accident. this can be once a private injury attorney comes into play. this sort of attorney handles any case that involves an individual obtaining livid. Typically, this can be once an individual is livid throughout a truck or automobile accident. A attorney active this sort of law is sought-after out for different matters like slip and fall accidents, dog bites, accidental death, elder home injuries, etc. For concerning any injury an individual suffers, this can be the kind of attorney an individual has to decision. usually speaking, this sort of attorney works on a contingency basis.

Another common legal want for folks is family law. Family law covers a spread of issues starting from divorce to parental abduction. Most of the time the legal service needed by this sort of attorney centers on divorce. Divorce may be a mussy

Owed Back Wages? Call Employment Law Firms Today!

ggNearly nine million Americans lost their jobs during the Great Recession and its aftermath. Those who were fortunate enough to stay off the unemployment line were expected to work longer hours, often for the same, or even less, pay. Few complained. Most felt blessed they had a job to go to at all. But a funny thing happened when the recession ended. Instead of rewarding them for their hard work and dedication during those difficult times, most bosses continued to push their undersized staffs just as hard. Workers are finally fighting back in court with the help of employment law firms.

A Recent Trend

The number of American workers who are presently suing employers under federal and state wage-and-hour laws reached a record high in 2014. Although each case is different, the major bone of contention is that American businesses have benefited from increased productivity, while most employees have not. In the overwhelming majority of these cases, the worker sues to recover the overtime wages to which they are legally entitled.

The Law

Businesses are required to pay time-and-a-half the regular rate to most employees who put

How To Protect Your Employee From Being Bullied In The Workplace

44Bullying in the workplace is spreading like a bad virus. It is amazing to me that over 50% of all employees are being bullied in the workplace.

Workplace bullies come in all shapes and sizes and includes men and women. Along those lines it is also both men and women who are being bullied or harassed in the workplace.

The effects of being the victim of such actions is varied, some experience depression to the point of having to see a therapist. The victim over time can lose their self-confidence and develop a loss of self-esteem.

Bullying in the workplace is now considered to be a hostile work environment. And, while this is against the law most victims will not take legal actions.

Many times workplace bullies will try to demean by constantly ridiculing the work and the work habits of the victim. For both men and women being bullied in the workplace is not to be taken lightly.

Below is a list of things that could be considered in the workplace:

  • Attacking the person’s character by spreading ugly rumors or gossip that is not true.
  • Excluding the victim from

7 Things You Need To Know About Florida’s Private Whisteblower Act

78The Florida private sector Whistleblower’s Act, F.S. §§448.101-448.105, prohibits employers from taking an adverse employment action against an employee because the employee objected to or refused to participate in any activity, policy, or practice of the employer, which is a violation of a law, rule, or regulation.

1. Covered Persons: An “employer” under the Florida Private Whistleblowers Act means any private individual, firm, partnership, institution, corporation, or association that employes 10 or more persons. An “employee” means any person who perform services for an employer for wages or other renumeration, but does not include an independent contractor.

2. Statute of Limitations: The statue limitations for filing a Florida Private Whistleblower case is two (2) years after discovering that the alleged retaliatory personnel action was taken, or within four (4) years after the personnel action was taken, which ever is earlier.

3. Administrative Exhaustion: There is no requirement that you exhaust your administrative remedies; an employee may file a complain in court. In other words, you do not need to file a charge of discrimination with the EEOC or the Florida Commission on Human Relations to bring

Do You Need An Employment Lawyer

42An employment lawyer is a legal representative who specializes in employment-related cases. If you believe that you have been wrongfully terminated, sexually harassed, treated unfairly and discriminated against, an employment attorney can guide you in your rights as an employee.

In addition to this, employment advocates often handle labor-related disputes, including issues regarding financial discrimination, worker’s compensation, wages, and other types of injustices. So if you have recently been a victim of such discrimination or injustice, you should immediately contact a competent employment attorney. The lawyer will advise you in such a situation. Also, he or she will defend you at the court of law. Furthermore, he/she will handle all the paperwork and present arguments in your favor to win the case.

Does an Employer Need an Employment Lawyer?

As an employer, you also need the services of an attorney. While it is the responsibility of the employer to handle most of the employment issues, some matters are quite tricky and difficult to deal with. Thus, you will need the help of a lawyer conversant with matters employment. An employment attorney helps you stay abreast of changing

Department of Labor Issues Proposed Fiduciary Rule on Investment Advice

ggAmericans’ retirement savings in both traditional defined benefit pension plans and individual account balance plans, such as 401(k) programs have been protected by the Department of Labor (DOL) and the Employee Retirement Income Security Act (ERISA) since 1974.

The rules regarding retirement investment advice have not significantly changed during the intervening decades, even though the shift has been away from defined benefit plans and more toward self-directed IRAs and 401(k)s.

For several years the DOL has been working on a revision to its fiduciary rules to close which some perceived as a loophole that allowed potential conflicts of interest between a retirement investment advisor and plan participants. The intent is that retirement advisers always put the best interests of their clients above their own financial interests. This is particularly important when an advisor provides an investor with guidance on prudent investment options in stocks, bonds, other securities, insurance and banking products, or is managing the account or IRA on behalf of its owner.

On April 14, the DOL released its draft rules in the form a 1,000+ page “Notice of Proposed Rulemaking” (NPRM). The current proposal is

Age Discrimination Causes Loss of Social Security Benefits


You’ve seen your paycheck whacked every pay period with money pumped into the black hole of Social Security, while hearing that the Trust Fund isn’t going to be there after the tsunami of Baby Boomers. Your impulse is to take the money at age 62 and run. But maybe you should resist that impulse.


For every year you delay taking Social Security benefits past age 62, your benefits increase 5%-8%. Reason enough wouldn’t you say to delay early retirement? Remember, we’re talking benefits for life. That hopefully is a long stream of income at 5% to 8% increase. This is especially important as you live longer and likely rely primarily on your social security payments to survive.

Your benefits are tax-free until your annual earnings plus ½ your annual benefits exceed $25,000.00. If you’re working full time or even part time past age 62, you’re exposing your benefits to taxation. [Think of “tax-free” as a return on investment – it would be hard to do better in the market.]

So why do slightly more than ½ of

Unemployment and California Traffic Court Reform

rrThe Traffic Court Vice Tightens to Produce Unemployment.

A single mom driving a car built in the previous century pays a $100 ticket plus $393.00 in assessments. Now the system begins to tighten like a vice on the hapless mother.

She may lose her job if she appears in Court to challenge the ticket. She must pay the ticket in full before a court date will be set. She instead elects to make installment payments, but if she misses a payment, her license is suspended. She misses a payment. Her license is suspended. Now day care and getting to work become major obstacles. She loses her job. In the meantime, another citizen, a wealthy retiree, who always wanted to be a lawyer, pays the fine, and takes a day to prepare his defense. He appears in court, beats the ticket (the officer does not appear), and has his fine refunded.

This system is a revenue generating machine that operates in truth as a taxation upon the poor, and an exemption for the rich. Worse, it operates as a severe punishment for persons like the young single

Of Mice and Elephants


Whether ’tis nobler to endure the slings and arrows of outrageous fortune, and thereby to represent the public good, or to submit to the charge of leech feeding upon other the lifeblood of the California economy, that is the question. And it will be decided by an appellate court one day, but until then, we have defense attorneys, and not a few judges, who would transmute a pure “Private Attorney General Act” into some hybrid of class action, with all its attendant obstacles and pitfalls for Plaintiffs.

“PAGA” in a nutshell is a set of California Labor Codes that tosses the ball to private attorneys to do what the California legislature felt the state wage enforcement agency could not or would not do: hold employers accountable for Labor Code violations. The statute has a built-in incentive for private attorneys to act as “Attorneys General” to file such suits, and to recover attorney’s fees for their efforts if they win. As part of the “deal” the employees and State split the proceeds of recovery.

The procedural battle now is in the dark

The Importance of Picking the Right Employment Lawyer for Your Case

ewwIf you have any service disputes, discrimination issues, harassment cases, debt related issues or any job termination problems, the most possible solution to resolve all this mess is to hire an employment lawyer. An Employment lawyer is a legal professional who takes care of all your trade & discrimination related matters, helping you assure the protection of your rights. These rights include rights as a person, employee and your rights to privacy. As we all know, getting a job is comparatively easy than keeping it! This makes keeping a job, an even more challenging and daunting task. In case you are facing any problems at your job, hiring an ideal employment attorney can help you get the results in your favor.

Being honest, most people will never seek to look for an employment lawyer. As a matter of fact, most of them have not even heard of it! The ones, who’ve heard about it, make plenty of mistakes before contacting an attorney, which in turn results in a financial disaster for them. Hence, picking the right and ideal public prosecutor is also crucial! The

How To Win An Overtime Lawsuit

laCases for unpaid overtime arise under the Fair Labor Standards Act (“FLSA”), the federal law that generally provides for the payment of time-and-a-half overtime pay.

To win an unpaid overtime case, you must prove three (3) basic elements by a preponderance of the evidence:

(1) that you were employed by the defendant during the time involved;

(2) that your work was engaged in commerce or in the production of goods for commerce or the defendant’s business or businesses under unified operation or common control employed at least two persons and was engaged in commerce or the production of goods for commerce and had an annual gross sales of at least $500,000; and

(3) that the defendant failed to pay you overtime required by law.

Engaged In Commerce

The term “commerce” has a very broad meaning and includes any trade, commerce, transportation, transmission, or communication between any state and any place outside the state.

Examples of employees who are “engaged in commerce” under the Fair Labor Standards Act include anyone who uses a telephone, fax machine, the U.S. mail, or computer e-mail system to communicate with persons in another state. Also,

Two Topics Employers Hate To Discuss, Why

5tA little over a year ago I was speaking at a trade association dinner meeting. After about 20 minutes of speaking one of the members of the group interrupted me, and asked me if they could buy a membership.

I told them that it is was not the practice of the association to have guest speakers sell their products during the meeting. I said that I would be done in about twenty minutes, and if anyone wanted to set up an appointment for the next day, I would be happy to do so.

The subject of my discussion that night was Cal-Osha Compliance and HR Consulting. After another five minutes someone else rose up and said “look we just want to buy, we really don’t want to hear anymore.”

Well, I could see they were not going to let me finish, so I asked them what is it that everyone in this room knows, but me? All of them looked at a man that I will call Charlie.

They told me that Charlie had been in the Automotive Repair business for over 30 years, but that he

Do’s And Don’ts in Planning An Employee Dismissal

emEveryone that gets hired and is working in some company can be confronted with a dismissal, doesn’t matter whether his fault or not. Having to dismiss an employee isn’t fun, but sometimes it’s the only option. Firing someone is always an unpleasant situation, but you need to face it as something that will inevitably happen in your organization, and before you even consider letting an employee who isn’t meeting the expectations of the business go, it is important to take steps to remedy the situation beforehand. Doing so will help you protect your business from potential litigation as well as mitigate the shock to the employee if you must actually fire them.

It may not be easy or fun, but it is necessary. With proper preparation and a good attitude towards it, terminating an employee can be done with the minimum amount of disruption and the most positive good that can come out of the situation. Not to mention, you’ll feel better about the scenario and sleep better at night. Also, layoffs might signal the end of this business relationship, remember we live in

Unjust Dismissal Under the Canada Labour Code

56In Canada, the common law permits an employer to terminate an employee without cause as long as the employee is given reasonable notice of termination or payment in lieu.

If an employee is not given reasonable notice or payment in lieu and claims a wrongful dismissal, a court will not concern itself about the “justness” of the dismissal. Instead, the court will determine what the reasonable notice should have been and will award damages accordingly.

In the case of federally regulated employees, the situation is different.

Canada Labour Code

Federally regulated employees are subject to the provisions of the Canada Labour Code (the “Code”) and section 240( 1) of the Code permits a federally regulated employee who is dismissed to make a written complaint to an inspector if the employee feels that the dismissal is unjust.

An employee who makes a complaint under section 240(1) must:

• have completed 12 consecutive months of employment;
• not be subject to a collective agreement; and
• must not be excluded due to managerial status.

Unjust Dismissal

The concept of unjust dismissal under the Code is different from, and broader than wrongful dismissal.

Under the

5 Steps Employment Lawyers Advise You To Take If Your Rights Have Been Violated

43You feel your rights have been violated at work, you’ve done a thorough job researching your issue, and you think you have a good case to pursue against your employer. Now what? It can be hard to find a qualified and experienced attorney as there are few employment lawyers that work on behalf of employees compared to how many work for employers. Follow these five steps to make sure that your claim has the greatest chance of success.

1. Have A Conversation With Your Employer

First, you should file your statement of complaint with the human resources department at your company. Filing with HR first can sometimes provide a temporary or even permanent solution to the issue. You may also want to speak with your boss to see if the issue can be resolved before moving forward with a formal complaint. Make sure to stay professional and polite and avoid personal attacks. Keep a written record of all conversations and try not to gossip with your co-workers about the situation. If a conversation occurs, follow up via email with a summary of that conversation.

2. Determine

The Importance Of Privacy In Your Workplace

ttThese days courts are facing a lot of issues concerning decisions made on an employer’s right to know against the employee’s right to privacy. Employer interests seem to conflict with the employee’s privacy rights these days. Individuals are paid for their productivity, however in recent times there is a lot of apprehension of time wastage especially with net surfing and social networking. This sometimes leads to liabilities for an employer by means of circulation of inappropriate material and causing viruses to be downloaded. This leads to loss of precious time and money. The employees on the other hand find employers very invasive as they keep following and monitoring their every move.

A lot many privacy-invasive techniques are used these days that include but not limited to computer software that trace movements, monitoring of telephones and emails. Other ways are taken up as well that pertains to credit checks, background checks, circuit surveillance, location tracking etc.

A few of these modes are discussed below.

Monitoring the computer

The work habits of the employee can easily be tracked with the computer. Employees can be monitored anytime as the boss

Avoiding Discrimination

bcFor employers, it is crucial to remain aware of unemployment discrimination. Failing to consider a potential employee only because he or she has gone a long time without a job is considered discrimination and is unlawful. An unemployment attorney can provide insight as to which federal and state laws apply to actions that might be considered discriminatory.

What the Law Protects

While there is no current federal law that prohibits discrimination against those with no work history, an applicant can still file a claim at the time of their interview or application if they feel as if they are being treated unjustly due to their employment history. Applicants may also retain an unemployment attorney to assist them, which can be detrimental to a business owner or employer.

A disparate impact charge is when the employer uses the lack of employment for a block of time as the only reason for not giving an applicant a fair chance in a position. This can be seen as a blanket policy used to screen out applicants who are not currently working. If the unemployment attorney can prove that a

Termination of Employment in Cyprus

tThe Employment Law (100(1)/2000) in Cyprus includes both statute and case law. Specifically, Cyprus statute law contains issues related to the termination of employment, paid leave, annual social insurance, maternity leave, equal treatment at work e.t.c. The Labour Disputes Courts deals with issues related to the rights of employees and employers.

The Employment Law applies to every employee who has a contract or employment relationship in the private, public and semi-governmental sector.

The Employment Law does NOT apply to:

· employees whose total period of employment is less than one month;

· employees whose total hours of employment is less than eight hours in a given week;

· employees whose employment is of a casual nature and/or particular nature under the condition that in these cases the non-application of the Law is justified by objective reasons;

In this article, our employment lawyers will present the primary aspects of termination of employment in Cyprus, i.e. notice period, unlawful termination of employment and redundancy.

Under the Termination of Employment Law (24/1967), an employer intending to dismiss an employee, who has completed at least 26 weeks of continuous employment, is obliged to give

When to Hire an Unemployment Attorney

wwLosing your job is hard enough. Your missing income hurts not just your pride, but also your bottom line. While it might feel counterintuitive to pay an unemployment attorney when you’re already short on cash, it could, in fact, be a great decision.

Unemployment paperwork might seem very simple and straightforward. In some states, you can even do the paperwork online. While each state requires differing information, all states require basic information like name, date of birth, and work history. You also have to give a reason for your unemployment. If you have been unemployed through no fault of your own, the state will quickly process the form, and you should begin receiving your benefits within a few weeks. However, there are several reasons why you might want to contact an unemployment attorney in order to gain access to your benefits.

Your Benefits Are Improperly Denied

If you have already been denied benefits, you have the right to appeal the decision. You have to file the appeal in writing and then attend a hearing. You may be able to phone into the hearing, but your presence

4 Important Things About An Expatriate Work Permit In Indonesia

reWhat You Need To Know About The Expatriate Working Permit In Indonesia?

Article 1 (13) of Law No. 13 of 2003 on Manpower (“Manpower Law”) defines Foreign Workers (“Expatriates”) as visa holders of foreign citizenship who come to Indonesia with the intention to work within Indonesia’s territory. Expatriates are foreign workers who live outside their native country and settle abroad, e.g. in Indonesia. Employers looking to hire Expatriates to work with them in Indonesia must ensure that the Expatriates have acquired a complete set of Expatriate Work Permit as stipulated by the Ministry of Manpower in Indonesia.

In this article, we will elaborate on 4 (four) important things that all Employers hiring and/or in the process of hiring Expatriates must know and understand:

1. Who can be a Sponsor for a Work Visa?

Only the following entities are allowed to be a sponsor for the Expatriates in Indonesia:

• Government Institutions, International Bodies, Foreign State’s Representatives;
• Representative Offices of foreign chambers, foreign companies, or foreign news;
• Foreign Direct Investment Companies (Penanaman Modal Asing or PMA);
• Legal entities which are established based on Indonesia’s laws or