Are You An Employee or Independent Contractor?

Are You An Employee or Independent Contractor?

Nov 03

In order to save money and avoid paying overtime wages, employers utilize a wide range of tactics and one of them is identifying employees as an independent contractor. By employing such tactics, companies may be depriving their employees of the benefits and wages they deserve. Classifying an employee as an independent contractor is a violation of the Fair Labor Standards Act (FLSA). According to the website of Leichter Law Firm, employees who have been classified as an independent contractor has the right to recover unpaid overtime wages.

Knowing the difference between independent contractor and employee is an important step in winning your unpaid overtime claim. First of all, an employee directly works for a company or another person and answers to an employer or manager. For this reason, they get their income from their employer. On the other hand, an independent contractor is considered “self-employed” by the IRS.

In terms of control, it is the employer who determines the conditions of work and directly controls the actions of an employee. The employer has the right to hire and terminate an employee. Meanwhile, depending on working conditions, an independent contractor has more control over their work and the manner, time, and location where it is produced. In terms of rate of pay, the income of an employee is determined by their employer. The independent contractor sets their own pay rate.

The IRS and some states have certain laws that help define an independent contractor. The main focus of these laws is on the level of control an employer has over a service or product. So if your working hours is determined by a company, you are likely to be an employee. On the other hand, if you work on a flexible schedule, you are an independent contractor.

It is important to know these differences so that you can recover the wages you deserve for working beyond your regular working hours. Your right to be paid for overtime work is protected under the law so fight for it.

What Are The Common Causes of Real Estate Disputes?

What Are The Common Causes of Real Estate Disputes?

Sep 25

Disputes involving real estate properties can be complicated and time consuming in nature. For this reason, resolving the issue can often be difficult and expensive. According to the website of Slater Pugh, Ltd. LLP, they involve a wide range of risks and pitfalls that could have an impact on your commercial or personal undertaking. In this article, we shall be focusing on the different causes of real estate disputes.

1) Incomplete Information

When you do not disclose facts about the real estate property, conflicts may arise and you may be even held liable. Non-disclosure of vital information can also cause delays in the purchase of your property.

2) Fraud

Fraud in real estate happens when one of the parties involved in a negotiation makes a false representation and causes injury. An agent who withholds information can be subjected to actual and punitive damages.

3) Boundary Disputes

This usually happens when the boundaries are not clearly registered or determined. So it is important to research property boundaries to determine whether there are potential issues of disagreement.

4) Title Issues and Insurance

When you are buying a property, it is important for the title to be clean to avoid any conflicts and disputes.

5) Breach of contract

Any purchase and sale agreement is a form of contract between the buyer and seller of the property. When the parties involved do not live up to their end of the agreement, they can be held liable for breach of contract. As such, the aggrieved party can pursue damages resulting from the breach of contract.

There is no agency or governing body that regulates the real estate industry. For this reason, it is quite common for disputes or conflicts to arise. For any transaction, it is important to have a clearly drafted contract.

What Is A No-Zone Area? – Be Informed And Stay Safe

What Is A No-Zone Area? – Be Informed And Stay Safe

May 19

Compared to other vehicles, the sheer size of 18-wheelers as well as semi trucks makes any accident involving them devastating. One of the most commonly reported truck accidents involves no zone or blind spot accidents. When another vehicle is in these no-zone areas, the truck driver cannot see them which makes any collision or accident tragic if the driver suddenly makes a driving manuever. For this reason,. Truck drivers should pay attention to these no-zone areas.

According to the website of Williams Kherkher, not all truck drivers fulfill this important responsibility, which could lead to serious truck accidents. Figures from the United States Department of Transportation revealed that more than 413,000 automobile accidents are due to truck no-zone accidents. From that number, almost 160,000 fatalities occurred. Knowledge of these blind spots or no-zone areas can help prevent a fatal accident. Depending on the truck, the size and actual location of its no-zone may vary. Usually, trucks with long trailers may have bigger blind spots at the back of the vehicle. For commercial trucks, the no-zone area can be any of the following:

  • An area which is a length of a car from the rear of the trailer
  • A small area directly in front of the driver, where a tractor can block the view of the driver
  • A small area on the driver’s side that extends from the side view mirror of the tractor to the front of the trailer
  • A large portion on the passenger’s side starting from the side view mirrors to the length of the trailer, with marginal visibility near the rear of the trailer

Although knowledge of a truck’s blind spots can help prevent colliding with a truck, the driver is still responsible for checking any vehicle that would leave or enter its no-zone area before changing speed or direction. For your own safety, avoid staying or overtaking too close from these trucks.

The Dangers of Listeriosis

The Dangers of Listeriosis

Dec 01

Unsafe food products are among the primary causes of emergency visits and hospital stays across the country. A single food item prepared, packed, or served in an unsanitary way can result in adverse health reactions. While cases of food poisoning almost always go away without life-long complications, they can be particularly dangerous for those who are vulnerable, like pregnant women and those who are suffering from chronic illnesses.

Listeriosis, or listeria disease, is one of the most commonly reported types of food poisoning in the U.S. According to the website of Law Offices of Ronald J. Resmini, LTD., food manufacturers have the responsibility of ensuring that food packages released in the market were manufactured, packed, and delivered in a way that is safe from listeria contamination; and failure to do so could put consumer’s health and safety in great jeopardy.

Healthy individuals suffering from listeriosis may experience muscle ache, fatigue, and gastrointestinal disorders, such as diarrhea and vomiting. While these symptoms often go away with standard treatment, individuals with immunocompromising illnesses (such as HIV) may experience more serious health diseases, such as septicaemia (infection of the bloodstream) and meningitis (inflammation of the lining of the brain). Furthermore, pregnant women exposed to listeria are more prone to miscarriage, preterm labor, and still birth.

Because some of listeria’s complications are fatal, it is important to seek medical attention if you experience listeriosis symptoms and if you suspect that you have been exposed to contaminated food product. Furthermore, you should be extra careful in preparing your meal so as to keep contamination at bay. The Food and Drug Administration recommends these four steps in preventing listeria contamination:

  1. When eating raw produce, always rinse the items with running water.
  2. Scrub food items to get rid of listeria-carrying dirt.
  3. After washing and scrubbing raw produce, dry it using clean paper cloth.
  4. When preparing meal, avoid cross-contamination by separating uncooked meat from ready-to-eat or cooked products.

Is Personal Injury That Big of A Deal?

Is Personal Injury That Big of A Deal?

Sep 02

The idea that just one person could be hurt and the whole scenario can be blown up to huge media coverage and attention – it’s worth asking: what’s the big deal if one person gets hurt?

Well, the big deal is that these injuries can happen to one person – but that one person can be absolutely anyone.

Accidents don’t pick and choose specific people; the universe isn’t quite so as specific to choose which life to make suffer as all that, no matter how much it may feel like that. That is why it is the responsibility of people to take care of each other and look out for each other – that is a standard of care that is thrust upon the shoulders on every person who has ever been alive.

Even the slightest bit of negligence from one person could mean everything wrong to another – and to that other’s family and friends, and perhaps even generations of that victim’s descendants long after either of you are gone.

According to the website of Ali Mokaram, personal injuries can range a variety of cases. Situations like birth defects to electrocution to premises liability can fall under the responsibility of personal injury. And that is because the legal definition for personal injury is that it is any injury that is dealt onto a person due the negligence (whether it is ignorantly or willfully done) of another person or party. There are so many different factors and permutations of those factors to consider that the idea of what constitutes as a personal injury alone can be mindboggling in itself.

So why do people make such a big deal out of it?

Because people want justice and people want to live in a world where they can be safe – and that can’t happen if even just one person gets away with being careless at the expense of someone else’s entire life.