Legal Concerns and Challenges

Jobless Benefits to Run Out?

2010-12-17T13:17:00.001-08:00

Unemployment benefits provide the jobless with their much-needed help in their finances while they are still looking for a job.

However, these benefits are not always available as there is a time period allotted to jobless workers before their benefits run out.

Before the federal extensions have been approved, a person will only receive these benefits within the 26-week-period after his claim has been granted. But, because of the extensions, the workers will receive a total of 99-week worth of benefits. Unfortunately, this too will change.

Some 454,000 jobless workers in the state of California alone won’t be receiving their benefits before Christmas if the Congress won’t do anything about it.

The California Employment Development Department announced that they are trying to inform all of the beneficiaries about the looming end of jobless benefits. The EDD is the state department responsible for administering the jobless benefits.

With how the economy is going, it is almost impossible to provide all the jobless workers with opportunities to earn income. So, if the congress won’t act on the approaching end of jobless benefits, then, it is almost inevitable that a lot of families won’t have a happy holiday.

Jobless benefits are designed to supplement the needs of a person while he is still looking for a job. But, with the budget deficit that the government is facing, they may have no choice but to stop the extensions to accommodate other needs of their citizens.

Oprah’s OWN Faces Discrimination, Wrongful Termination Charges

2010-08-18T15:02:00.000-07:00

The Oprah Winfrey Network (OWN) is being sued by one of their former employees for allegedly discriminating against her because of her medical condition.

Catherine Dunn filed the lawsuit at the Los Angeles Superior Court alleging discrimination and wrongful termination by the network as she was allegedly treated with hostility because of her autoimmune disease, Multiple Sclerosis.

Dunn was an executive assistant in the network back in August 2008 when she was presented with a hostile work environment because of her medical condition.

In the lawsuit, Dunn claimed that the hostility caused her condition to worsen and she was forced to take leave of absence and stress leave.

The lawsuit did not specify the amount of damages that Dunn is seeking.

Oprah may have not been made aware of Dunn’s working condition at the time, but, she should have made sure that her employees are well treated to prevent lawsuits like this that can result to big amounts of damages.

Budget Cuts Triples Backlog in Narcotics Lab

2010-07-22T13:35:00.000-07:00

The Los Angeles County Sheriff's Department said recently that the reduction of employee’s overtime resulting from budget cuts is slowing down the analysis of evidence in their narcotics lab.

Sheriff Lee Baca wrote a report to the LA County Board of Supervisors stating that the department is experiencing problems in the support and investigative units as a result of the budget cuts to aid the $128 million gap.

It has been reported earlier that the average backlog last year of 256 unanalyzed cases has ballooned to around 920 cases. The expert analysts who used to handle these cases were not allowed to work on overtime because of the budget restraint.

Other local law enforcement agencies are also affected in the said delays as they send evidence to the narcotics lab to be analyzed.

Tractor Hits Farm worker in Fresno

2010-07-06T23:37:00.000-07:00

A farm worker operating a tractor was recently injured after he was run over by the vehicle near Sanger. The worker was airlifted to Community Regional Medical Center where he was treated for his injuries.

He is said to be the field crew boss and appeared to be in his 40s. His identity is yet to be released.

Reports show that the man was operating the tractor when he got off it while it is still in gear to get water. The tractor then rolled away as the man tried to chase it down. The man then slipped causing him to be run over by the tractor.

The man can file a claim for worker’s compensation as he was injured while on the job. If he does this, he waves his right to sue the company for the accident. Either way, the man can recover his medical expenses for his injuries.

Wal-Mart Agrees to Pay $27.6M Settlement in Dumping Case

2010-05-11T19:15:00.000-07:00

Employers are required to take care of their employees by making sure that they will not be exposed to hazardous waste materials.

Wal-Mart Stores Inc. will now have to pay $27.6 million just to settle claims that it improperly dumped and handled hazardous waste at its stores all over California.

According to reports, this move ended a five-year investigation, which was done to see if allegations that the company improperly disposed aerosols, paint, fertilizer, and other types of chemicals are true.

The lawsuit claimed that 263 Wal-Mart distribution centers and stores violated environmental regulations and laws.

Reports said the controversy started in 2005, after a San Diego County Department of Environmental Health worker saw a Wal-Mart employee dispensing bleach through the drain.

Local, state, and federal authorities were all involved in the investigation.

A Wal-Mart employee defended the company’s reputation, saying that it has already implemented improved practices after it became aware of the said violations.

In addition, workers in all of its branches were taught how to handle hazardous products properly.

Hawaii Legislators Approve Same-Sex Civil Unions

2010-05-07T00:02:00.000-07:00

Today, people are entitled to have their own sexual preference. In fact, laws are being made just to accommodate the needs of gays and lesbians in the society.

The Hawaii House of representatives recently approved a bill that will allow the creation of same-sex civil unions.

According to reports, a 31-20 house vote gave the much-needed legislative approval to these civil unions. The bill was approved in the Senate in January.

Under this bill, lesbian and gay couples will be entitled to enjoy the same benefits and rights that are provided by the state to married couples.

Reports said the bill was revived during the legislative’s last session for the year; right after House Majority Leader Blake Oshiro made a motion for everyone to reassess it.

Legislators were unable to act on this issue immediately due to worries that the “Democratic-controlled House" will not be able to gather enough number of votes to overrule Gov. Linda Lingle if ever she decides to veto it.

Capistrano School Teachers Holds Rally to Protest Pay Cut

2010-04-29T00:32:00.000-07:00

People generally work to earn money, which is often not enough due to the high cost of living today. Problems naturally arise if the insufficient salary employees received are sometimes further reduced due to budget problems.

Hundreds of Capistrano Unified School District teachers in Orange County decided to hold a rally after the school board had decided to reduce their salary by 10.1% after it broke off ongoing negotiations.

According to reports, the salary of these teachers will be reduced to end a $54 million budget deficit, which was caused by problems in state funding. This pay cut will help the district save around $19.9 million.

The Capistrano Unified Education Association president said the union will agree to this pay cut if the school board will end it on June 30, 2011. Educators will not teach until this condition is approved.

However, the district said it will not agree to such condition.

At least 52,000 students did not attend classes after hundreds of teachers joined the rally.

Contract between San Diego Teachers and School District Successfully Ratified

2010-03-18T22:52:00.000-07:00

A labor contract is a form of agreement between the management and workers that specifies the nature of their relationship and the rights of each party. Having one is an advantage on the part of the workers because it will protect them from unjust practices of their employers.

Hopefully, San Diego teachers will rejoice in the changes made in the recently-ratified written labor agreement with the San Diego Unified School District.

According to reports, 3,062 union members voted in favor of the contract while 108 others voted against it.

Some of the changes included in the contract are:

• Teachers will be require to take at least five furlough days through 2010-2011 and 2011-2012 school years.
• Contract language calls for protecting smaller class sizes and staffing levels for both school counselors and nurses.
• Teachers will be provided with three different salary increases, which will happen between the 2012-13 school year.
• The district’s health care costs will be lessened by boosting the teachers’ co-pays.
• Other small changes to the teachers’ health care benefits

Aside from the different changes that the contract will require, this agreement will also serve as an instrument in building a harmonious relationship between the teachers and the school district.

Prison Health Care Workers Locked Out after Strike

2010-03-16T00:54:00.000-07:00

Employers should listen to the grievances of their employees and try to solve them in a way that is beneficial for both parties. However, not all employers choose this method and some of them opt to punish their employees by locking them out.

Alameda County jails’ health care employees were recently locked out after being involved in a strike as a protest to the slow contact negotiations.

According to reports, around 140 Service Employees International Union-United Healthcare Workers West members held a one-day rally at the North County Jail and Santa Rita Jail in Oakland after they have worked for more than two months in the absence of a contract.

In addition, the protest was done after they have paved way for a new contract with the “Tennessee-based Prison Health Services.” A contract currently exists between Alameda County and the company, which requires the latter to provide health care workers and staff to both jails.

The union claimed that the negotiation is mainly concerned on the management’s desire to require workers to pay for about 30% of total costs of their own health care, said reports.

Hopefully, this issue will be resolved and a contract will be drafted quickly so that everyone can focus on their duty, which is to help inmates get the medical attention they need.

Democratic Bill: A Possible Solution to State Employee Furloughs

2010-03-11T23:07:00.000-08:00

Implementing furlough days has prevented many Californian employees to receive their regular full amount of salary because their work days were reduced to address the state’s financial problems.

Luckily, a Democrat bill that can end the “three-day-a-month furloughs,” which affect about 80,000 state workers, has been recently approved by the California Legislature.

According to reports, this bill is aimed at reversing Gov. Arnold Schwarzenegger’s move of imposing furloughs that could affect about 200, 000 state workers. It will cover different employees who are being paid using funds from user fees, the federal government, or any source that is excluded from California’s general fund.

However, this bill may not be immediately implemented because it should first be approved by Schwarzenegger, which is unlikely due to the governor’s firm stand regarding furlough days.

Schwarzenegger’s office even filed an appeal and requested for the Supreme Court’s help after Alameda County Judge Frank Roesch ordered the state to provide back pay to over 50,000 state employees who were unlawfully furloughed and issued numerous rulings against the controversial policy.

Roof Contractor Pleads Guilty to Workers’ Compensation Fraud

2010-03-02T23:26:00.000-08:00

Workers’ compensation insurance is given to all employees to ensure that they will receive financial help from the company if ever they were injured at work. A roof contractor who failed to provide it to his injured employee is now facing probable jail time.

Reports stated that Michael Amzie Hollings, 41, from Murrieta, has entered a guilty plea to at least 16 felony counts related to perjury, making false statements, and filing false documents. He can be ordered to spend at least three years inside the state prison during his sentencing, which was scheduled on June 25.

The issue began when one of his So Cal Roofing employees was injured after falling from a roof in March 2003. According to reports, the injured employee filed a workers’ compensation claim but Hollings denied his employment, thus preventing him to receive benefits.

Prosecutors argued that the minimum workers’ compensation policy was purchased by the contractor for his company, but he reported that no one is working for him. His employees were paid in cash and he provided incorrect payroll reports just to conceal their employment.

Hit-and-Run Results to Injuries, Property Damages

2010-03-01T17:35:00.000-08:00

Every motorist is required to have an insurance policy in order to make sure that they could not escape their liability of ever they get into an accident. However, most people choose to run away thinking that they will escape their liability.

A pick-up driver and his passenger were recently injured after their vehicle was rear-ended by another vehicle that took off immediately after the crash. The collision caused the truck to hit a curb and a fire hydrant that squirted water at least 20 feet up.

The vehicle that hit the pick-up in Placentia Avenue was later located by authorities but its four occupants took off running.

The pick-up truck driver and passenger were hospitalized and their vehicle was totaled in the accident. The northbound lanes also had to be closed as authorities fixed the fire hydrant.

The occupants shouldn’t have run off as registered vehicles can be traced to its owners in no time. They should have just got off their vehicle and assisted the injured party who may have needed immediate medical attention.

Police Looking for Hit and Run Driver who Struck Woman in San Diego

2010-02-24T20:33:00.000-08:00

The police are currently looking for the driver who left a car accident that killed a woman in San Diego early Friday morning.

According to San Diego police, the hit-and-run accident occurred in Market Street at around 2:15 am.

The 35-year-old woman was getting out of her car when she was struck by a blue truck.

The driver was not there when police responded on the scene.

Once found, the driver can be charged with a misdemeanor count of leaving an accident scene.

Under the law, we are required to exchange information with those involved in the accident and assist those who were injured.

Not being able to do so would make you criminally liable and will lead to prosecution by the DA.

The family of the victim may also file a wrongful death suit against the driver once he is found.

The damages collected by the family will depend on the victim’s income, life expectancy and other contributions to the family.

Speeding Caused Crash that Killed Driver

2010-02-22T19:06:00.000-08:00

The driver of a northbound Ford Explorer that was involved in a recent vehicle collision was killed after she was broadsided by a speeding eastbound Mercedes that ran a red light at an intersection.

According to reports, 45-year-old Christine Ann Ingle of Rio Linda was driving along the 16th street when she was hit by the unidentified driver of the Mercedes that was going 70-100mph on C Street.

Five others sustained minor injuries in the accident and they were all taken to a hospital.

Sadly, in most cases of speeding and DUI that causes accidents, the negligent driver almost always is the one to survive. If proven guilty, the negligent driver will likely face jail time and pay compensatory damages to the family of his victim.

There is no sure way to avoid accidents caused by speeding or DUI. However, every motorist can discipline himself to make streets safer for everyone.

Man Trapped in Burning Van Saved by “Angels”

2010-02-19T16:22:00.000-08:00

A high school art teacher received a second chance to live after he was pulled out of a burning van on the 91 freeway by two strangers whom he referred to as “angels from heaven.”

According to reports, Said Abdelsayed, 52, was traveling east along the area using a Dodge Caravan, which was converted to provide space for his wheelchair, when he noticed the smoke’s odor.

He then pulled over and the van began to burn when he opened the right cargo door.

Abdelsayed tried to get out of the vehicle but failed to do so because he was not seated on the wheelchair at that time.

Luckily, two strangers suddenly arrived and pulled him to safety, said reports.

The strangers also saved a number of Abdelsayed’s artworks from the burning vehicle before leaving the area. The art teacher showed his gratitude by trying to give them a piece of his painting.

Los Angeles Rookie Police Officers May be Included in Layoffs

2010-02-15T18:24:00.000-08:00

The Los Angeles Police Department is no longer enjoying the immunity that was formerly provided to it by the city.

In fact, the city’s budget analyst recommended that hundreds of the Police Academy’s rookie officers can be removed from the department in the aim of solving the $218 million budget deficit this year.

According to reports, it was suggested that 87 trainees and at least 616 recent graduates who are now members of the department should be laid off.

The cutbacks do not cover a proposal to remove about 1,000 city jobs in the current fiscal year.

Muni Video Reveals Pedestrian Accident Happened in Crosswalk

2010-02-12T17:28:00.001-08:00

Pedestrians who use crosswalks can still be injured due to the presence of drivers who have no respect for traffic rules.

In fact, a Muni bus video showed how a 78-year-old female pedestrian was hit by the vehicle while she was walking in a crosswalk along the Portola neighborhood in San Francisco.

According to reports, the driver said she failed to notice the pedestrian’s presence and that she apparently swerved at the last moment in an unsuccessful attempt to avoid contact.

Police said the pedestrian, who sustained external and critical injuries, was brought to San Francisco General Hospital and is now under critical condition.

Reports stated that the woman was crossing San Bruno Avenue along Burrows Street when she was suddenly hit by a 9-San Bruno bus that was moving southbound.

The video revealed that she was walking along the yellow-stripped crosswalk located on the intersection’s south area, around 15 feet from the curb, when the incident occurred.

The driver was placed on a non-driving status. Results of alcohol and drug tests are not yet available.

The vehicle was apparently moving at a speed of around 15 mph when it hit the pedestrian.

Reports said the intersection has no stop signs or stoplights.

Man Charged for Crash Caused by Underage Driver

2010-02-11T22:01:00.000-08:00

A last month’s fatal accident believed to be caused by an 11-year-old driver who failed to stop at a red light is now blamed on the only passenger who survived the crash that killed the boy, his sister, and their mother.

Thirty-four-year-old Froylan Zamora Gonzalez was charged with two counts of child endangerment and three counts of vehicular manslaughter immediately after he was released from the hospital where he was treated for major injuries he sustained in the crash.

Relatives of the 11-year-old boy, Jose Silva Covarrubias, believe that he was having his driving lessons when the accident happened. It is initially reported that the family along with their housemate, Gonzalez, was heading home after Jose’s soccer practice.

Gonzalez’ negligence and role in the accident is not clear but he will now shoulder all these charges for the car accident which shouldn’t have happened if he didn’t allow the mother let the young boy drive the vehicle.

Songwriter Sues Terry Perry for Copyright Infringement

2010-02-09T21:37:00.000-08:00

Copyright law protects the owner of an original work against people who might use it without the owner’s permission.

A songwriter is now fighting for his rights under this law by filing a copyright infringement lawsuit against Terry Perry, claiming that a Gospel song was illegally used on the show “Meet the Browns.”

In a lawsuit filed by Johnny Tyrone Stringfield in Los Angeles federal court, he claimed that some of the show’s characters sang the song’s lyrics in an episode aired the previous year.

He said that those lyrics were from the song “I Got Away,” which he already copyrighted in 2008.

The songwriter now wants to receive over $100,000 from Perry and the companies that are behind the show.

Madera Man Killed after Diving Off Highway 101to Avoid Collision

2010-01-24T23:38:00.000-08:00

The Santa Clara Medical Examiner’s office identified the victim of the 101 car accident who died after diving out of the way of an out-of-control car and fell 30 feet onto a bike path.

According to reports, Abundido Prudente, 32, from Madera and another person exited their car after being involved in a single-vehicle spinout on Highway 101.

As they exited the car, they noticed another vehicle heading towards them.
Prudente jumped out of the car’s path but ended up falling over the freeway and onto the Coyote Creek bike trail.

It took firefighters about an hour to finally rescue Prudente due to the bad weather.

He was brought to the Regional Medical Center of San Jose where he died two hours later.

The family of Prudente should consult a car accident attorney abut filing a wrongful death lawsuit against the other driver.

Although Prudente died as a result of the fall and not because of the collision, the attorney should be able to prove that his death is still proximately caused by the out of control car.

Proximate cause deals more with probabilities where you prove that the death would not have happened if not for the actions of the liable party.

So the attorney’s job is to prove that Prudente’s death would not have happened if not for the negligent driving of the other driver.

Chrysler Announces Product Recall Due to Break Failure

2010-01-21T00:37:00.000-08:00

About 24,177 vehicles will be affected by the product recall of Chrysler.

According to the bulletin posted by the NHTSA, the product recall was made due to reports of brake failure.

The bulletin said that the vehicles affected may have been produced with an improperly formed or missing brake booster input rod retaining clip.

NHTSA added that the safety defect may cause brake failure without warning that could lead to a car accident.

The following models are affected:

• Chrysler Sebring, 2010
• Dodge Avenger, 2010
• Dodge Nitro, 2010
• Dodge RAM , 2009-2010
• Jeep Commander, 2010
• Jeep Grand Cherokee, 2010
• Jeep Liberty, 2010.

For more information about the recall, you can call Chrysler at 800-853 or NHTSA at 888-327-4236

If you have been injured due to the said safety defect, you should also consult an auto product liability attorney to know your legal options.

Public Awaits NTSB Findings on Cause of Metrolink Crash

2010-01-15T21:58:00.000-08:00

A company’s success or downfall depends on the performance of all the people working in it. The fault of a single employee can cause the whole company to suffer from liability. Today, Metrolink is facing a dilemma that was rooted from a crash involving a freight train and one of its trains in Chatsworth.

The National Transportation Safety Board (NTSB) announced that it will soon release its conclusion on the possible cause of the Southern California commuter train accident that ended the lives of 28 people in 2008.

The agency will conduct a board meeting to address a concluding report on the accident. It will release the concluding report’s summary, including safety recommendations and the accident’s probable cause.

Investigators think that a Metrolink engineer may be text messaging on his cell phone seconds before he ran red light and smashed into a freight train.

Negligent hiring can cause both the employee and the company to be liable in the event of an accident. Companies should carefully select the people who will be given the chance to work in it to avoid being involved in this situation.

Negligent Driver Shot and Killed

2010-01-14T22:49:00.000-08:00

Authorities had shot and killed a negligent driver who was trying to flee the scene of a six-vehicle accident in Laguna Beach recently.

Witnesses say that the driver was speeding on the wrong-side of the road and caused the accident that sent at least two people to the hospital. He was reportedly heading onto some pedestrians in his heavily damaged vehicle.

Authorities are yet to determine other factors that caused the accident but it is possible that intoxication is a factor as having alcohol or drugs in the system will greatly affect the motorists’ driving skills and good reasoning.

Teen Ferrari Driver in Critical Condition after Fatal Crash

2010-01-06T22:05:00.000-08:00

Teen drivers are more likely to be involved in car accidents because they are inexperienced compared to older drivers and many of them tend to ignore traffic rules.

In fact, another teen was recently involved in an accident on East Coast Highway that killed his passenger.

According to authorities, Luicci Nader, 18, from Huntington Beach, was the person driving the gray 2008 F-430 Spider that smashed into a tow truck, split in two, and then caught fire.

The Spider’s passenger was identified as Ralph Abi Nader, 24, from Huntington Beach.

The teen reportedly lost control of the vehicle, which jumped the median and swerved onto the road’s other side between Bayside Drive and Jamboree Road, before it smashed into the truck head on.

He is under a critical condition at a hospital and cannot speak, said authorities.

Meanwhile, the tow truck’s passenger and driver only sustained minor injuries.

Nader could face manslaughter charges if he recovers because he was speeding when the accident happened.

It is the responsibility of parents to teach their children the importance of following traffic rules. They should not let their children drive if they feel that the latter are still unprepared to do so.

Retaliation complaint filed against Marine officials

2009-12-22T23:16:00.000-08:00

Employees often refuse to file complaints against their employers for fear of retaliation. When the employer is a long standing institution such as the Marine Corps, the pressure is higher and the fear is greater.

Whistleblower Farnz Gayl alleged that military officials tried to force him to quit after accusing the Marine Corps of gross mismanagement for its failure to deliver lifesaving equipment to troops in Iraq.

Before his whistle blowing, Gayl had a sterling performance. But when the incident happened, he was poorly evaluated, hit with reprimands, had his job description rewritten and pressured to resign.

During his campaign, President Barack Obama pledged to treat federal whistle blowers as patriots instead of pariahs. But in an institution like the Marine Corps where whistle blowers have been viewed with contempt, such culture would be hard to change.

Gayl claimed that after exposing the anomaly he has been the subject of a Naval Criminal Investigative Service inquiry for mishandling secret information.

Under the law, an employee is shielded from retaliation for asserting protected rights. Hence, an employee may file a retaliation complaint should his employer gets back at him for doing something that is protected by law. Consequently, an employment attorney may be hired to pursue claims.

Former Candidate tried for Fraudulent acts

2009-12-16T17:03:00.000-08:00

Issuing a bounced check in exchange for goods or services is penalized by law. It is a fraudulent act punishable in most states.

For Delecia Holt, a three-time congressional candidate, issuing a check became a habit despite the knowledge that she had no sufficient money in the bank.

Holt wrote bad checks to buy a Mercedes, pay for a month-long hotel stay and pay for telephone bills and other utilities. Consequently, she was arrested in October 2008 and jailed since then for failing to post a bail bond of $56,000.

Holt pleaded not guilty. Her court appointed defense attorney Fred McBride waived his right to make an opening statement.

Deputy District Attorney Marc Labreche said Holt could still be charged with filing a false campaign finance statements.

False or fraudulent acts are not only detrimental to a business endeavor but invites judicial intervention. When prosecuted for acts like these, a business lawyer can intervene to minimize or resist its effects.

Protecting One’s business

2009-12-14T21:05:00.000-08:00

Businessmen should apply for a copyright of their products or services to prevent other people from copying or using them illegally. Unfortunately for Tila Nguyen (also known as Tila Tequila), she was sued for copyright and trademark infringement lawsuit for posting pictures of San Diego Chargers linebacker Shawne Merriman. She used his lights out trademark on her online site without his consent.

Tila allegedly used the pictures so attract traffic to her web site to purchase the products sold there. Apparently, this has delayed Merriman’s dealings with Walmart. It also affected his relationship with the San Diego Chargers.

Merriman is worried that the lights out trademark might confuse his consumers and think it was Nguyen’s.

This is the reason why a copyright or trademark is important; they can sue someone who tries to copy or make use of their products or services as they have a legal claim over things.

A good copyright or trademark infringement lawyer will be able to help his client win a case. The client has to provide him the necessary information that will support the case as evidences.

It is not a great feeling if someone stole an idea, products or services that were developed for so many years and a lot of money has been invested to put it out on the market.

1 Killed, 2 Injured in Highway 180 Collision

2009-12-11T15:26:00.000-08:00

A 23-year-old driver was killed and two more people were injured in a fatal car accident in Highway 180 west of Fresno.

According to CHP, the 23-year-old man, whose identity is withheld pending notification of his family, was heading eastbound in a 1998 Chrysler Sebring when he crossed into the westbound lane and collided with a 2001 Chevrolet pickup.

The driver of the Chevrolet, Jose Gutierrez, 26, and his passenger, Jorge Vasquez, 21, each sustained major injuries and were taken to Community Regional Medical Center
CHP suspects that alcohol was involved in the accident.

Gutierrez and Vasquez should file a personal injury claim against the unidentified Chrysler driver despite his death.

Unlike criminal charges, civil liability lawsuits do not die with the victim.

The insurance company of the unidentified driver can pay for the damages caused by their client up to the limit of his car accident insurance policy.

Gutierrez and Vasquez should make sure that they consult with a car accident lawyer as the insurance company they will surely employ their own lawyers and insurance adjusters to find ways to deny their claim.

It is better to have your own attorney watching your back to increase the chance of success.

Woman Sues Makers of Facebook Apps

2009-12-10T22:26:00.000-08:00

A 41-year-old Santa Cruz woman identified as Rebecca Swift has filed a class-action lawsuit against one of the popular application makers in the social networking site Facebook.

In her lawsuit, Swift claimed that Zynga charged around $200 as the makers of the application “YoVille” lured her into signing up in an alleged false advertisement.

She believes that many others were lured in the same trap presented by Zynga.

A judge is yet to determine whether Swift’s claims of Zynga defrauding its users have credit. But those who have encountered the same alleged fraudulent act must seek the help of an expert lawyer who can determine whether they have grounds to file a complaint.

Beauty Queen Dies from Faulty Operation

2009-12-04T17:20:00.000-08:00

The 38-year-old former Miss Argentina Solange Magnano died from pulmonary embolism when the liquid injected to her buttocks reportedly went to her lungs and brain putting her in critical condition three days before her death.

Magnano’s twin children will now have to live without their mother because of a possible medical malpractice committed by doctors who were paid to make her look better.

If proven guilty, the doctors, and probably the hospital, where she got her butt injected will face liability for the tragic death of the beauty queen.

Former Firefighter’s Union Chief Fighting City over IRS Reversed Benefit

2009-12-02T23:01:00.000-08:00

The former head of San Diego firefighter’s union is fighting the city for not paying retirement benefits that was canceled after the IRS concluded that it violated federal tax laws.

The civil lawsuit was filed against the city by Ron Saathoff last September to repeal an ordinance that cancelled the benefit.

The conflict stemmed from the “presidential leave” benefit that would let Saathoff combine his salary as president of the International Union of Firefighters Local 145 with his salary as a city worker in determining his pension.

However, the benefit was cancelled and is actually a part of 2 pending criminal charges involving Saathoff and other city pension board.

The criminal charges allege that Saathoff and other board members engaged with self-dealing and fraud by approving a city proposal that put less money in the pension system than required while the city is agreeing to pay out more benefits in labor contracts.

According to Saathoff and his lawyer, the city lawfully entered in those benefits and it is obligated to perform on both of them.

A spokesman from the City Attorney’s office argued though that the benefits were approved with no ordinance and no vote; just as the city cannot take away retirement benefits without an ordinance and a vote of the membership, individuals cannot get special benefits without them.

The best bet of Saathoff to win this case is to prove that the benefits were legally approved by the city and that the IRS reversal was not justifiable.

The prosecutors would in turn try to show Saathoff and the other board members as self serving people who want to get more than what they contribute.

In my opinion, the IRS have already declared that the benefit is illegal and against federal tax laws.

The government has every right to take away a benefit that was passed by the people who are also the ones who stand to benefit from it.

Trade Unions are there to serve the interest of the workers who they represent, not to use their bargaining powers as leverage to get advantages over others.

School Officials Investigated for Lavish Spending

2009-11-27T16:29:00.000-08:00

The financial turmoil has caused many institutions to cut budgets. Educational institutions were not sparred of these budget cut offs.

The San Jose/Evergreen Community College was forced to cut classes and eliminate several school programs to minimize spending.

However, San Jose school officials had been lavishly spending. In fact, Rosa Perez, a school official, had a salary of $293,000 a year with a $147,000 bonus.

Moreover, such officials had been charging the district with airfares, expensive hotel accommodations and club memberships.

Consequently, the bountiful spending and benefits these school officials were under investigation.

It was frustrating to know that while several classes were cancelled and funds for disabled students were cut off, school officials had been splurging on benefits.

Certainly, the school board has to look into this matter. Any negligence on the part of the school administrators may be considered a tortuous conduct. This tortuous conduct may give rise to a damage suit.

For more information about employment law, you may contact an employment lawyer in your area.

Fisher-Price cribs recalled

2009-11-26T12:34:00.000-08:00

Mothers who want their babies to be safe would certainly stay away from Stork Craft cribs carrying the brand Fisher-Price.

Over 2 million drop-side cribs have been recalled in the United States and Canada after the deaths of four infants. The recall was initiated by U.S. Consumer Product Safety Commission and the Canadian government agency in cooperation with British Columbia-based Stork Craft.

Following the recall, parents were asked to stop using said cribs. They were also told not to make any attempt to fix them until they obtained a free Stork Craft repair kit.

A total of 110 accidents in US and Canada have been received where the crib’s drop side detached. In fact, fifteen children were trapped while 20 children fell from it.

Infants are susceptible to injuries due to their tender age. They need someone or something to protect them. Cribs may certainly give them care, protection and comfort. However, a defective crib would certainly cause them harm.

If your child has been injured due to this defective crib, a product liability case may be filed against the crib manufacturer. A personal injury lawyer may be hired to ask for compensation claims.

Jobless Workers Scammed Online

2009-11-25T10:58:00.000-08:00

Workers who are looking for jobs in a website were defrauded to reveal personal information thinking that they were applying for a job position at JetBlue Airways.

Authorities first suspected that a scam has been made after some jobless workers started to look for JetBlue Airways in the John Wayne Airport.

They found out later that JetBlue Airways was never associated with the said airport.

Fraudulent acts committed by scammers against those looking for work further aggravate the suffering that jobless workers face.

Websites posting jobs, on the other hand, must do their part and confirm business details of their clients who are looking for workers so as to avoid being included in the liable parties in case litigation would ensue.

Victims also should hire expert lawyers who can represent them and get them compensated for whatever trouble that the fraud has caused them

Proposed Action Suit against Apple, AT&T

2009-11-17T22:41:00.000-08:00

An iPhone user wants to file a class-action suit against the makers of the phone and AT&T as the latter misled buyers by insinuating that they can use multimedia messaging service or MMS in their iPhones 3G when in fact, MMS can only be available to consumers when and if AT&T will upgrade its network.

The complainant alleged that they were “misled” by the claims of AT&T and wants them to be punished.

Every company should be cautious of their ads that are designed to attract consumers. They must be wary of their wordings and be sure to deliver the features and services that they offer their clients.

For consumers who feel that their rights are violated, they must locate an experienced business lawyer and have them assess possible charges they can file against the other party.

Pilot Pulled from Flight on suspicion of Being Drunk

2009-11-12T20:54:00.000-08:00

As federal authorities investigate the pilots who overshot an airport in Minneapolis in suspicion of fatigue, another pilot gets the spotlight as he was pulled from the plane he was supposed to fly to Chicago for having too much alcohol in his system.

Erwin Vermont Washington, 51, was arrested by British police before the plane was able to leave London’s Heathrow Airport.

The United Airlines Flight 949 was already full of passengers when the incident happened.

A spokesperson from United Airlines announced that the pilot has been removed from service pending an investigation.

She reiterated that the Airline has a strict policy about this kind of behavior and it will not be tolerated.

The flight was cancelled and the passengers were transferred to other flights.

That was a tragedy averted as it could have easily been another plane accident waiting to happen.

A plane weighs about 20 tons with thousands of moving parts and will be flying about 30,000 feet in the air.

The concept of flying is scary enough for some people, the idea that the pilot is drunk while flying is just downright terrifying.

If proven that the pilot was indeed under the influence of alcohol, he could be charged by federal authorities for endangering his passengers.

The pilot’s license can also be revoked and he can be barred from flying commercial planes ever again.

Senate Bill that Extends Unemployment Benefits Go to the Floor for Action

2009-10-29T00:38:00.000-07:00

The senate bill that would extend unemployment benefits has been approved to go to the floor for action. However, the date and time for a full senate vote for bill HB 3548 is not yet known.

Under the bill, states with high unemployment rates would be able to give 20 additional weeks of benefits, while those whose unemployment rate are below 8.5% will receive up to 14 weeks.

The bill faced some setbacks as Republicans expressed concerns about the brunt of the additional costs being given to businesses.

The bill also became a magnet for amendments like the Democrats’ proposal to extend the $8,000 first time homebuyers tax credit.

Once approved, an agreement must be worked out with the House of Representatives, which passed their own version.

This is welcome news to the many jobless workers in California.

According to the California Development Department, about 134,000 citizens have already exhausted the up to 79 weeks of unemployment benefits available.

Just this September, the employment rate reached a high of 12.2 %.

Although the bill is somewhat a short term solution and does not really solve the unemployment problem, it goes a long way in helping those who are struggling to find a job while the government looks for ways to solve the problem.

Hopefully once the unemployment benefits are extended, the employment rate should also pick-up and by the end of the extension, we can see a reduction in unemployment.

For more information about employment rights and benefits, contact the employment attorneys near you.

FBI Apprehends Scientist for Attempted Sale of National Security Secrets

2009-10-22T00:17:00.000-07:00

Reports about the scientist who tried to sell some of our most guarded secrets to Israel have shocked a lot of people that such a thing could really happen.

It’s the stuff that makes great spy movies, except that this time, it’s for real.

Thankfully, the scientist identified as David Nozette was arrested by the FBI in a very elaborate sting operation.

By the looks of it, the prosecutors are doing the best they can to keep Nozette in jail for the rest of his life.

The risk of him fleeing and successfully sharing confidential information to other nations are just too big.

According to his former colleague, Scott Hubbard, Nozette was a defense technologist who had access to the Department of Defense national security work, which are highly classified.

The suspicion about Nozette’s espionage work started when an inspection by NASA’s inspector general in 2006 found some anomalous claims for expenses that were not actually incurred.

Further investigations showed that Nozette might have been working for a foreign government. This led to a national security investigation that led to the sting and the eventual arrest.

This issue goes beyond intellectual property rights violations.

Selling trade secrets of companies to rival organizations could already get you to jail for up to 15 years and a fine of about half a million dollars for committing acts of industrial espionage.

And that is just about rival corporate companies.

Nozerette’s alleged act went beyond industrial espionage, it is treason.

Not only was he selling confidential information to another nation, he might have been selling secrets that compromises the nation’s national security.

Hopefully, this is an isolated incident and would not happen again in the near future.

Stadium Staff fell before Game Starts

2009-10-20T23:06:00.000-07:00

Workplace accidents could happen if an area was not properly maintained by the employer. Injured employees caused by these accidents may be compensated if they can prove that the injuries they sustained may be avoided if only the employer was not negligent in keeping their work area safe.

This may be the case in a slip and fall accident involving a member of the Chargers game-day staff. Walt Daniels was injured after he reportedly fell around 20-25 feet from the visiting coaches’ booth on the press level on Qualcomm Stadium.

The accident happened hours before the game started. According to emergency personnel, the man had a pulse after around five minutes of CPR.

He was putting together program packages that will be distributed to the media when he somehow fell out of the Booth 35C. He landed on the seats underneath and settled on the concrete between the Club Level’s second and third rows.

Two members of the Bronco’s radio broadcast team said the man tripped down the stairs, pitched forward, and rolled out of the booth. They said the worker, who was walking with a cane, desperately tried to regain control after the first stumble but failed to stop his fall.

CPR was performed on him and he was brought to Sharp Memorial Hospital.

Daniels’ employer should have made necessary adjustments to accommodate his physical condition. In addition, the employer should have been aware that Daniels may have trouble in going up or down the stairs.

Local Unions Charged With Discriminatory and Unfair Labor Practices

2009-10-19T21:40:00.000-07:00

Unions such as the Southwest Regional Council of Carpenters, San Diego Building & Construction Trades Council, and the AFL-CIO have been charged with unfair labor practices by a national anti-union organization, National Right to Work Legal Defense Foundation.

The unfair labor claim, which was filed on behalf of Wesley Fuller, an employee of San Diego's Brady Co who is not a member of the union, alleged that the “Project Stabilization Agreement” is discriminatory.

The charges claimed that the policy dictating hiring terms for the work under the San Diego school district's $2.1 billion Proposition S bond measure would only enrich union officials and deprive non-union workers and employers.

Fuller, despite having completed all state apprenticeship requirements, was denied Proposition S work because his apprenticeship program was not established through a union.

The disputed labor agreement will take effect on all Proposition S projects that will exceed $1 million.

[Blog Action Day] Climate Change Related Car Accidents through the Act of God Clause

2009-10-15T16:36:00.000-07:00

Climate change is inevitable. We’ve come to a point that we cannot really reverse the effects and we will have to adapt to the new environment it will create.

According to the United Nations, every year sees an increase in the occurrence of storms, floods, and even earthquakes.

If climate change continues to have adverse effects, we may see more car accidents that can be considered “acts of god.”

What are car accidents that are considered acts of God? For one thing, they are accidents that you never thought would happen to you.

Act of God in US law refers to accidents that are caused by natural disasters or uncontrollable weather conditions.

This includes earthquakes, tornadoes, floods, lightning and tsunamis.

In these cases, there is really no liable party to be blamed thus the term “Act of God.”

And with the current trend in climate change, these could happen a lot more often than we think.

However, identifying car accidents that are caused by an “act of God” from accidents that are caused by negligence can sometimes be tricky and not all insurance policies cover acts of god calamities, so be sure to check yours.

The car accident claim becomes complicated if the accident was caused by both a natural disaster and negligence.

Generally, the courts decide based on whether the car accident would have happened regardless if the negligence was present or not.

For example, a truck took a shortcut on roads that it is not allowed to pass through and then gets damaged in a flood on that area.

The courts may decide that if the driver did not pass through those roads illegally then the truck should not have been damaged .

Therefore the negligent and liable party is the driver.

Another example would be if a tree falls on a parked car because of an earthquake; the courts may decide that the driver could not have reasonably known that the tree would fall on the car and could have not predicted the earthquake as well.

Therefore the car accident may be considered an act of God.

This car accident clause can be very complicated and insurance companies like to use this as an escape to not cover personal injuries and property damages claims.

The best thing you can do is review your insurance policy about accidents caused by “acts of god” and consult with an expert car accident attorney for advice.

$200,000 Settlement for Sexual Harassment Suit in Fire Station

2009-10-15T00:34:00.000-07:00

Julie LaBlanc found a porn magazine in the possession of her child which led to a sexual harassment lawsuit against the San Jose Fire Department.

LaBlanc reportedly filed a complaint to the department after finding stacks of pornographic magazines in the firehouse where she was working.

After filing the charges, she stated that she became the subject of sexual harassment which greatly affected her work.

The city now offers her $200,000 after arbitration took place.

The recent incident only proves that government officials also face unfair treatment from their colleagues but shouldn’t back down even if they were harassed and treated unfairly.

School Girl Hit While Avoiding Sprinkler

2009-10-12T20:42:00.000-07:00

Five percent of total car fatalities are children. In fact, children between two to fourteen years old often die in vehicular accidents.

In Fullerton, a 12-year-old school girl had been very lucky to only have sustained splint ankle when hit by a car. The accident happened when she stepped onto a street to avoid a sprinkler. The girl was on her way to school when the accident happened.

The National Center for Statistics and Analysis (NCSA) revealed that about 250,000 children die in car accidents in a year. This only showed that nearly 700 children are harmed on a daily basis.

Traumatic brain injury and spinal cord injury are some of the injuries that a child’s tender body has to endure. These injuries are serious that apart from pain and suffering, financial hardship may also be experienced.

In most road accidents, negligence is the main cause. Certainly, when a negligent party caused injury to another, he must be penalized for it. Fine and/or imprisonment are the common penalties for negligent driving.

A pedestrian who may have incurred injury can sue a negligent driver for compensation claims through the help of a personal injury attorney.

Six Southern California Hospitals Fined For Serious Injuries, Death, Etc.

2009-09-08T18:29:00.000-07:00

For patients, being the victim of medical malpractice is doubly more painful because it is also a violation of their trust.

Patients put their lives in the hands of their doctors and hospitals but would unfortunately, end up spending more money for additional treatment or even dying because of medical malpractice.

Medical malpractice is committed by any health care provider who acts in a negligent manner when treating a medical condition. This can be committed either through a negligent action taken by the medical practitioner or by the failure to take a medically appropriate action.

Most recently, the California Department of Public Health fined six Southern California hospitals for serious violations some of which resulted to serious injury and death. These errant hospitals were fined $25,000 each for administrative penalties.

Orange County Children's Hospital’s nursing staff failed to ensure appropriate drainage after a child's neurological procedure in November which led to severe brain injury.

A patient died in Hoag Memorial Hospital Presbyterian in Newport Beach for its technician’s failure to continuously monitor a patient who was disconnected from a cardiac monitor for 34 minutes. The technician did not notice that the patient had flat-lined or hear the machine’s alarm because the volume was not set on the highest level.

Southwest Healthcare Systems in Murrieta was also issued its third administrative penalty since 2007.

The overcrowded hospital continued to convert general surgery beds into intensive care beds without adequate staffing in June 2008.

Arrowhead Regional Medical Center in Colton, Los Angeles County-USC Medical Center in Los Angeles and South Coast Medical Center in Laguna Beach were all fined for not following proper surgical procedures.

Patients had to undergo a second surgery to remove surgical sponges or towels after they were detected in follow-up exams or when the patients complained of complications.

Medical malpractice cases are highly technical and because of its very nature (where hospitals and doctors would defend against charges with all their might because of the damage to their reputation), it is expensive and complicated.

But victims of medical malpractice should not be afraid to seek damages or compensation because if the doctor or the hospital’s negligence isn’t addressed, more patients will suffer the same fate.

Other medical malpractice claims can be made in case of misdiagnosis or failure to diagnose a patient’s disease or medical condition, the doctor or hospital’s failure to provide appropriate treatment and unreasonable delay in treating a patient.

Sale of a portion of SCIF opposed

2009-08-31T22:52:00.000-07:00

The State Compensation Insurance Fund (SCIF) is considered an insurer of last resort and serves as an example for private companies. It is a workers’ compensation insurer which operates like a mutual insurance carrier.

This is why efforts to sell portion of SCIF by the state of California had been vehemently opposed by the insurance regulator.

Insurance Commissioner Steve Poizner planned to sue Gov. Arnold Schwarzenegger's administration to stop the sale. Poizner claimed that selling a part of the business or taking money from its assets violates the state's constitution. He added that even if the scheme was legal, it was a terrible public policy.

On the other hand, Rachel Cameron, spokeswoman for the governor, responded that the administration believed it can sell a part of the insurance business without affecting the costs.

Moreover, the office of the governor had reached a tentative two-year deal with the highway patrol officers to forgo pay raises. If approved by its 8,500 active members, the California Association of Highway Patrolmen would give up 0.5 percent pay raises for the next two years.

The depletion of SCIF would mean burden on injured workers. Before any move on its sale, the government should think and exhaust other option. It entails much burden if the proposed reason for sale does not transpire. In the end, it would be the injured workers who would suffer the most.

If you want to know more, consult an insurance attorney to give you an idea about SCIF and the effects of sale on you, if any.

Effects of Lane Splitting to Motorcyclists

2009-08-20T00:50:00.000-07:00

As motorcycles could be easily maneuvered, motorcyclists often practice line splitting or sharing especially in times of traffic.

Line splitting is driving between established lanes of traffic. This practice could be very dangerous because motorcycles are often overlooked by larger vehicles.
In fact, according to the Department of Motor Vehicles motorcyclist's handbook, the practice is not safe and that vehicles and motorcycles need a full lane to operate safely.

California is the only state that does not prohibit line splitting. But with the fatal accident of a Garden Grove man while riding his motorcycle, the city may consider adopting the same rule.

Jason Richard Doerr was riding his motorcycle to work when his motorcycle collided with silver Toyota Matrix. Doerr tumbled off his motorcycle and trapped beneath the car. Witnesses said that prior to the incident, Doerr was splitting lanes.

The California Highway Patrol stated that motorcycle collisions happen due to unsafe speed, improper turning, improper passing and unsafe lane changes.

In Orange County, deaths among motorcyclist jumped to 44 percent. Although there were no statistics, line splitting was a contributing factor to the increase in the percentage.

Motorcycle riding is dangerous. An impact no matter how little could expose the rider to injuries. If the injury is caused by negligence, a personal injury case may be pursued against the driver. The victim can seek advice from a motorcycle accident attorney.

Medicare: Issues of Insolvency and Looming Budget Deficit

2009-07-17T08:36:00.000-07:00

With the looming budget deficit which is expected to reach $1 trillion this fiscal year, major federal programs such as the Social Security and Medicare are facing insolvency for the next few years according to analysts.

Meanwhile, the threat of insolvency in Medicare and Medicaid programs is more alarming compared to Social Security’s case, some experts said.

According to a government data, spending by the Department of Health and Human Services, which runs federal healthcare programs, increased by $475.3 billion in 2008 compared to the previous year—an alarming rate considering that the funds are running out.

If the health department will not be reformed or well-funded, analysts fear that the funds of federal healthcare programs will be completely depleted by 2017—something which can potentially create social problems as millions of Americans, especially those with limited income, will be stripped with their basic right to receive healthcare.

The threat of insolvency and budget deficit may undermine MMSEA Act which was enacted during the Bush Administration to reform the basic healthcare programs including Medicare, Medicaid, and the State Children’s Health Insurance Program (SCHIP).

In Will Shapiro’s article, “The Medicare, Medicaid and SCHIP Extension Act, Medicare Set Asides and what they mean to your practice”, he explained MMSEA Act and how it can overhaul the healthcare system in the country.

Shapiro said Medicare has become stricter in giving payments, making sure the funds will go to the rightful beneficiaries. While this method may reduce spending (and wasted funds), some analysts said the federal government should pass a law—that will complement MMSEA Act—to save this healthcare program and its beneficiaries.

Jackson’s Dermatologist not the Source of Diprivan

2009-07-10T08:26:00.000-07:00

Now that Michael Jackson had been laid to rest, question on the cause of his death continues to puzzle millions of his fans.

The death certificate left Jackson’s cause of death blank pending the completion of the toxicology report. In fact, a part of his brain was still in the custody of the investigators until neuropathology tests were completed.

Jackson’s dermatologist, Dr. Arnold Klein, came up and said the he was not the source of Diprivan. He claimed that he may have sedated Jackson for past painful medical procedures but he had never given him Diprivan.

Klein also confirmed that Jackson had always ways with things. He had this whatever-he-likes-he-gets attitude. He left an intriguing statement that Jackson was with a team of surgeons who did not know where to stop.

Inferring from Klein’s last statement and judging from Jackson’s what he likes-he-gets attitude, Jackson may have acquired drugs from this team of professionals who had access to the drugs.

Authorities recovered several drugs from Jackson’s home including Diprivan. Diprivan is a powerful drug administered by anesthesiologists in hospitals. A dangerous drug like this should never be injected in private homes or left in the hands of an inexperienced person.

Klein had also discounted the rumor that Jackson’s health was poor. In fact, when he saw him three days before his death, Klein said he had not notice anything that would make him worry. As a 50 year old man, Jackson may have slowed but he was strong, Klein said.

The course of investigation may have led authorities to prescription drugs. But everything seemed to boil down to one thing: the source of these prescription drugs.

Whoever was the source of it was negligent in giving them to Jackson. The source knew better than Jackson that the drugs were very dangerous and may cause death if given indiscriminately. Consequently, a medical malpractice case could be filed against such person.

LAPD Officers Suspended for Showing Excessive Force

2009-07-06T16:41:00.000-07:00

Police authorities are defenders of civilian rights. They enforce the law and ensure that it is strictly adhered to. However, when they exceed the exercise of their authority, punishment is imposed.

In May 2007, eleven Los Angeles Police Officers were accused of using excessive force on demonstrators and journalists at the May Day gathering at MacArthur Park. The incident produced public opinion regarding police brutality.

Due to the tumultuous incident, Police Chief William J. Bratton punished 11 officers and recommended the termination of four others. The officers were sent to the Board of Rights for disciplinary actions. The melee caused the city $13 million in legal settlements.

After investigation, the officers involved were given a maximum penalty of suspension. As no officers were dismissed, Batton said he could no longer do something as the ultimate decision lies with the board.

The counsels for the demonstrators were distraught with the Board’s decision. Despite submitting videos showing unauthorized force, officers were only reprimanded while others suspended.

On their part, the accused officers cited lack of training, poor leadership and overly aggressive tactics as causes of their illegal conduct.

Police officers are required to observe maximum tolerance when dealing with demonstrators or the general public. The use of excessive force is never encouraged and is in fact prohibited. Otherwise, officers may not only face administrative actions but criminal actions as well.

For people who have been a victim of an excessive display of force by a police, a case may be filed against them. If injury resulted in the process, a personal injury case may prosper.

MTA violates ADA requirement on wheelchair safety restraints

2009-05-28T19:35:00.000-07:00

The Americans with Disabilities Act (ADA) protects people with disability from any discriminatory acts.

In transportation, public buses for instance are required to have safety restraint devices for wheelchair occupants. These devices should neither be broken nor non operational.

The ADA specifically calls for the observance of the following regulations:

1. Handrails must be provided
2. Vehicle’s floor area must at least be 30 x 48 inches
3. Safety restraint must be capable of handling up to 2,500 pounds
4. In addition to the safety devices, wheelchair occupant must have a seatbelt and shoulder harness

Sadly, most Metropolitan Transportation Authority (MTA) buses in Los Angeles County ignore ADA’s requirement. In an undercover investigation, MTA not only failed to provide their buses such safety restraints but also hire drivers who were not properly trained to assist in attaching these devices.

In their defense, an MTA official claimed that their buses were designed for an older type of wheelchair and not for motorized wheelchairs being used today. He further claimed that their employees undergo two days sensitivity training. But the undercover video showed otherwise.

At this point, proper implementation of the law must have been the problem. As the law properly laid out the wheelchair restraint requirements, authorities must see to it that it is effectively implemented and carried out.

People with disabilities, on their part, must also see to it that their rights are secured and protected by reporting those who violate the same.

Weak Economy Affects Common Workers

2009-05-05T21:56:00.000-07:00

With the ongoing recession, over 663,000 Americans lost their jobs in April, pushing the unemployment rate to 8.5 percent which can even reach to 10 percent if the economy will not rebound for the next few months.

The looming unemployment rate in the labor market just shows how much workers are affected by economic slowdown.

Because workers are the most affected sector when the economy is weak, some of them ask why the business giants are receiving billions of bailout money while ordinary employees face unemployment threats.

To pacify other workers who think that the government is unfair, President Barack Obama recently announced executive pay limit for bailout companies. This means that businesses that received stimulus package will not give pays more than $500,000, bonuses, and extra pays to its executives and top officials.
This decision is considered by many as pragmatic and “common sense”.

Massive Layoff Threatens 1,000 Workers in Sacramento

2009-04-30T23:05:00.000-07:00

With the ongoing recession, Sacramento County officials are considering to reduce its workforce which can affect nearly 1,000 employees in effort to close the looming budget deficit. If this massive layoff will be implemented, California’s unemployment rate is expected to surge, further weakening the labor market.

Meanwhile, workers already expressed their concern over the proposed cuts. With disposable incomes and freeze hiring, unemployment threats are too much for ordinary Americans.

Despite objection from several labor groups, the massive workforce reduction will likely take place to keep the finances of local government afloat amid economic recession.

According to officials, the layoffs will save millions of dollars from the government budget. While this may be beneficial in some aspects, there are ramifications when high unemployment rate is unabated.

Meanwhile, local institutions that will be affected by massive layoff are District Attorney’s Office, Sheriff’s Department, Office of County Counsel, Juvenile Medical Services, Public Defender’s Office, and the Department of Health and Human Services.

Apart from cutting jobs, local government officials also require departments and agencies to have contingency plans and cost-cutting measures to save money amid the financial crisis.

Stopping the Effects of Salmonella Outbreak

2009-04-23T22:13:00.000-07:00

A warning has been issued by the California Department of Public Health after forty people, which includes 33 residents of California, were taken ill due to salmonella food poisoning after they have consumed black and white pepper purchased from City of Industry-based Union International Food Company.

Union International declared its voluntary recall of 16 products including cayenne pepper, wasabi, an onion powder, among others, which came under the Lian How and Uncle Chens Brands. Different local restaurants in the state may have purchased these contaminated products.

This scare rooted on the nationwide issue concerning pistachio-linked salmonella that caused many people to dump foods that may contain the nuts. These nuts were processed at Setton Pistachio, which is located in Tulare County.

According to the company’s representatives; contamination may have taken place when contaminated nuts and roasted nuts were mixed together because of an error in the process of separation.

These incidents may teach the food processing industry to be more responsible in making sure that all processed products are safe for consumption. Rules concerning the process of testing contaminants regularly should also be followed so that companies will be sure that they products they are selling are safe.

Fraud in Social Security Claims

2009-04-21T23:04:00.000-07:00

Fraud in Social Security happens when a person who is illegible for benefits receives financial assistance from the agency. Unfortunately, there are many cases of such illegal activity that legal claimants have their benefits delayed.

One of the most common targets of fraudster is the In House Support Services (IHSS) of Social Security program. This service is for elderly and disabled people that will allow them to stay in their homes instead in medical facilities and hospice since their caretakers would also be their family relatives.
While this service has a noble purpose—and that is to help disabled and elderly people—there are some cases when this goes to individuals who are not legitimate claimants.

With the growing number of illegitimate claimants, some people suggest that there should be Social Security investigators to probe a person’s case and determine if he is really eligible for the financial aid he is receiving.

Meanwhile, SSA urges people to report any case of fraudulent act since it diminishes the agency’s budget and delays financial benefits of legitimate claimants.

Defective Evenflo Products Recalled after Accidents

2009-04-15T00:08:00.000-07:00

Manufacturing companies have the responsibility of keeping their products safe for their patron’s use. However, there are some product defects that are only discovered after an accident has occurred and have injured others.

A recent event wherein the Evenflo Co. Inc., known for its baby products, have recalled around 643,000 units of Envision high chairs after some accidents have been reported.

The company has received around 320 reports wherein the seat has suddenly reclined backwards which caused head injuries. Another 13 reports indicate the small parts (i.e. screws and fasteners) are also defective and have almost caused choking accidents.

Companies, especially those which caters to children, should have better ways of making sure that their products would not malfunction or are not defective so as not to cause any accident that could jeopardize the life of those who use them.

Employees with lupus could be discriminated

2009-03-26T19:25:00.000-07:00

Employees and workers are a necessary fuel to run a company.

Same with other necessary machineries, humans are susceptible to sickness and diseases. When succumb to one, work is affected and productivity suffers. Consequently, the law protects employees in dealing with their medical conditions in the work place.

Lupus could be a medical condition that could deter a person from performing at his peak. It triggers the immune system. The immune system makes auto antibodies that attack the normal body cells.

The California Fair Employment and Housing Act require employers to make reasonable accommodations for known physical or mental disabilities of an employee. This means allowing employees to make doctor’s appointments or giving them time off to attend to their medical needs.

A California worker could not be discriminated against simply because he/she he has a recognized medical disability such as lupus. Accordingly, the law gives them the right to file a suit against their employers in case of violation.

Health Options for Laid Off Employees

2009-03-26T00:30:00.000-07:00

Having to deal with extra expenses when you are laid off from work is suicide. As costs for sickness are extra expense, does it mean the end for the unemployed worker?

Acknowledging the increasing number of laid-off employees, the stimulus package included a provision concerning medical costs for unemployed workers.
The economic stimulus otherwise known as the American Recovery and Reinvestment Act have the following helpful provisions:

• Employees who were laid from September 1, 2008 and who would be laid off until December 31, 2009 may qualify for a 65% subsidy to pay COBRA.

Those who were involuntary terminated between September 1 and February 16 who did not elect COBRA or are no longer enrolled with it may still avail.

Those who are eligible for the extended COBRA shall be notified by April 18 to inform them of the opportunity. They are given 60 days to elect COBRA.

• Previously, a laid off employee continues health insurance coverage from their former employee for 18 months which is a bit expensive.

Now, only 35% of the COBRA premiums shall be paid for 9 months of said 18 months. With the change, the cost of maintaining an average policy would be $377 per month for a family and $140 for an individual. This would dramatically rise to $1,078 per month for family coverage and $400 per month for individual coverage once the subsidy expires. Consequently, a 300% increase in COBRA enrollees is expected.

Aside from COBRA, laid off employees are given other options. These options include:

1. joining your spouse whose job offers health insurance in her/his plan;

2. checking if your children qualify for any government programs;

3. asking if you are qualified for Medicaid;

4. getting individual plan on private market that covers prescription drugs, out-of-network care or treatment for chronic conditions;

5. considering your out-of-pocket costs and co-payments.

A life for the cost of a fire

2009-03-20T22:03:00.000-07:00

Homes are intended to give us security and protection and normally, when we are at our own homes, we feel at ease and often let are guard down. However, we should still practice safety measures, as accidents can happen almost anywhere, even in places that we least expect.

This is the case that happened last Wednesday on a home in the area of San Carlos. One man was killed when his bungalow was caught on fire sparked by a cigarette. Initial investigation showed that the blaze might have started while the man was smoking in bed.

Cases such as this tells us that virtually anywhere we go, danger might also be present and the cost can be devastating. Carefulness should be practiced at all times, as we may never know what may possibly happen.

Obama’s New Law: More Protection from Employment Discrimination

2009-03-18T19:09:00.000-07:00

Like every individual, employees have their own rights. And these rights are protected by various employment and labor laws.

Just recently, President Obama signed a new law, the Ledbetter bill. Even though a discrimination case occurred decades earlier, this new law allows employees to file a claim 180 days after they have received their final paycheck, overturning the ruling of the Supreme Court before that an employee has to file a lawsuit within a period of six months after experiencing discrimination.

This bill may probably result in more litigation cases against employers, but this will definitely provide more protection to employees, as discrimination has always been an issue in the workplace, despite the laws that exist.

Let’s just hope that through this bill, the problems regarding employment discrimination will be resolved and that all employees can be treated fairly.

Cell phone law update

2009-03-16T20:58:00.000-07:00

July 1, 2008 was California’s first day of battling cell phone use while driving.

On that day, two major laws became effective. First, drivers have been required to use hands-free devices while behind the wheel and second, drivers under the age of 18 have been prohibited to use any device, hands-free or not.

As far as text messaging is concerned, effective January 1, 2009, all drivers have been prohibited to send messages while behind the wheel. Otherwise, violators would be fined.

With the implementation of such laws, drivers who have been using cell phones have dramatically decreased. According to a survey, sixty four percent of motorists no longer use their cell phone while driving.

This only meant that California’s battle against cell phone use while driving has been successful. In fact, California has the greater reduction compared to other states such as Washington D.C. and New York.

California is serious in its goal of decreasing vehicle accidents caused by cell phone use. By December 2008, California Highway Patrol handed more than 50,000 citations for cell phone law violations.

However, the main goal has yet to be achieved. Cell phone law had been implemented to reduce cases of accidents primarily due to cell phone use. Decrease in numbers of drivers using cell phone does not equate to decrease in numbers of road related accident.

We have yet to see the outcome. At least for cell phone related accident, we can say that the implementation of cell phone law has been successful. Let us just cross our fingers and hope for the best.

Keeping Children Safe from Train Accidents

2009-03-09T21:02:00.000-07:00

Children are naturally curious of their surroundings. They often want to experiment with the things around them. Parents should be there to warn them of the possible accidents that could happen if they would not be careful.

Also, they must be made aware of the dangers involved in walking along railroads whether they are by themselves or with the company of other kids.

Train companies are shouldered with heavier responsibility in caring for the safety of their passengers, pedestrians and motorists as well. This is because they are considered as common couriers along with airlines and bus companies. Railroads should be properly labeled so that everyone would be aware of its existence.

A recent train accident happened to a 13-year-old boy named Stacy Frierson who was running along with his friends in a railroad. Three of his friends got off the track on time as the train came on their direction. The boy died as he was struck by the passing train.

The accident happened near Fruit and Ashlan avenues in Fresno and the Burlington Northern-Santa Fe train was moving south. The tragedy could leave trauma to the victim’s friends who witnessed the accident and to his family as well who are receiving counseling.

According to statistics, there is an average of 4,000 listed train accidents in our nation yearly. This huge number should alert parents and train companies who should exert more effort in imposing preventive measures against these accidents.

Glaucoma as a Medical Disability

2009-02-25T22:35:00.000-08:00

Employees’ contribution to the society is well recognized that various laws are implemented. These laws are aimed at protecting their rights especially when they are disabled hence unable to work.

One disability that employees may encounter is glaucoma. Glaucoma is a disease in the optic nerve, which can cause permanent blindness if untreated. In fact, it is the leading cause of blindness in the world.

If glaucoma is recognized as a medical disability, an employee must be given necessary accommodations by the employer. An employee must be afforded the time for medical appointments, provided with Braille materials or adaptive computer software or given reasonable time off.

Most people at high risks for glaucoma are those over 60 years old or those who have family history of it.

As glaucoma is a disability, you have the right to be given necessary considerations. If you feel like being discriminated against, then the law gives you the right to sue your employer.

Epilepsy as Disability

2009-02-18T23:36:00.000-08:00

Employees and workers are the most valuable members of the workforce. Without them, the economy would cripple even further. Hence, the lawmakers made it a point to protect their rights especially in times when they are rendered disabled.

The Americans with Disabilities Act and the California Fair Employment Housing Act are just some of the laws that protect Californian employees and workers from disability discrimination. The employer should not take adverse actions based only of his employee’s medical condition.

As disability can oftentimes get in the way of work, the tendencies are work is delayed or not fully accomplished. Inevitably, workers are discriminated against. It should be understood though that disability includes not only physical but also neurological imbalances like epilepsy.

Epilepsy is a disorder characterized by recurrent epileptic seizures caused by a synchronous or abnormal excessive neuronal activity in the brain. Epilepsy can never be cured though it can be controlled.

If the seizures limit one’s ability to work, it would cause him not to function properly then eventually be considered a disabled. Consequently, the employer should afford such employee reasonable accommodations such as permitting to attend medical check ups or schedule doctor’s appointments.

Employees are advised to know their rights under the law. On the other hand, employers should learn to respect such rights.

Statistically Probable Unlawful Termination Case

2008-11-26T18:23:00.000-08:00

The California Labor Code mandates that an employee is considered as “at-will” employee unless he/she is hired for a certain period. It implies that an employee could be fired for any reasons or no reason at all. However, an employee could not be fired because of discrimination or unlawful causes.

Hard data on employment litigations are elusive although a widespread perception tells us that employment cases in both state and federal courts have swelled up.

Consequently, most studies on employment cases such as wrongful termination have focused only on jury verdicts rather than on the total filings.

For instance, a Phoenix private preschool teacher won $1.8 million award in a wrongful termination case. Also in 2003, a Yuba County California jury has awarded a doctor a staggering amount of $24 million in compensatory and punitive damages for his dismissal from a hospital.

Figures might not have been exact to inform us of the real deal on wrongful termination. But the fact remains that many employers have exercise their power to terminate indiscriminately.

Reasonable Accommodations

2008-11-11T21:37:00.000-08:00

Religious discrimination just like any other form of discrimination is rising. Religious practices and beliefs often become source of disagreement between employers and employees.

EEOC revealed that in fiscal year 2006, it received 2,541 charges of religious discrimination. Out of them, a total of 2,387 charges were resolved and approximately $5.7 million were recovered in monetary benefits for accusing parties and other aggrieved individuals.

It is a fundamental right of every person to have her or his religion respected. Hence, the law gives employees the right to have their religious needs accommodated by the employer. For instance, an employee shall be given a time in a day to pray or a certain day off to attend to religious obligations.

On the other hand, the employers could not also make decisions which greatly depend on the employees’ religious beliefs. Religious accommodations would be set aside if it would entail prejudice and harm to the business or company.

Apparently, a contradiction exists. As an employer, you must give preference to these accommodations. However, if accommodating these religious practices would mean causing morale problems or other serious concerns then it may be set aside.

The gauge is this; an employer must have room for employees’ religious accommodations or give preference, at least. These reasonable accommodations are not only legally imposed but also morally encouraged. Otherwise, the employer shall be open to religious discrimination cases.

Protecting Californians from Housing Discrimination

2008-11-05T18:05:00.000-08:00

The US government is serious in its mission of leveling the playing field by minimizing discrimination in all areas.

The Department of Fair and Equal Housing (DFEH) is a government department, which ensures that every Californian employee is given the equal opportunity to housing privileges. It aims to protect employees not only from employment discrimination but more so with housing discrimination.

DFEH accepts complaints of discrimination in areas such as employment, public accommodations, housing and hate violence. Complaints filed before it are investigated as to the veracity of the allegations.

It serves as a fact finder. It assists the parties in resolving their issues. If sufficient evidence has been found as to the existence of discrimination, a formal accusation may be filed. A public hearing or a lawsuit follows.

Housing is a necessity. We need a roof on our heads for security and convenience. The last thing we want is to be discriminated against.

It is rewarding to know that the government is doing its responsibility towards us. Victims of employment or housing discrimination have now a venue to redress their claims and grievances. If you have been a victim, feel free to visit DFEH. Surely, you will find answer.

Workplace Retaliation

2008-10-29T23:04:00.000-07:00

Retaliation due to raising issues against the employer is not only unethical but also unlawful.

Retaliation often results when an employee reports an illegal or unlawful act against the employer and the latter retaliates by means of firing said employee or decreasing her or his benefits.

Retaliation may be committed not only against the employee who filed a complaint. It may also be committed against fellow employees who serve as witnesses or in any manner participated in the case.

Even in school setting, retaliation is also practiced. Take the example of a drama teacher at Yale University where after reporting an incident of sexual harassment she was dismissed from work.

It is of common knowledge that retaliation is proscribed and not taken sitting taken down. In California, the Fair Employment and Housing Act specifically make workplace retaliation illegal.

Many cases of retaliation have been filling up the court dockets. It only signifies that many employers have retaliated against those who filed cases or complaints or participated in any proceedings against the employer.

The California Supreme Court made it clear, however, that supervisors who allegedly retaliated cannot be held personally liable for such act.

Retaliation is never helpful. It could never cultivate a healthy environment between the employer and employees and among employees themselves.

ADA Provisions on Reasonable Accommodation

2008-10-27T19:30:00.000-07:00

A disabled employee or worker has certain privileges that other employees do not normally enjoy, even before being hired and when is employed. Reasonable accommodation is a right guaranteed by law to individuals with disabilities under the Americans with Disabilities Act (ADA).

The article, “Five Questions Regarding Reasonable Accommodation Employers Should Know”, posted on October 14, 2008, answers some of the questions regarding reasonable accommodation, how to handle a request and identifies some of its common forms.

However, the reasonable accommodation that the law provides has certain limitation to employers. According to law, a disabled employee can be granted this privilege provided it will not cause “undue hardship” to an employer.

Undue hardship means “a significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation”. It refers not only to financial difficulty but also to reasonable accommodations that are “unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business”.

Under the ADA, when a request for reasonable accommodation has been made, an employer – if it will not cause him undue hardship - has no recourse but to grant the request.

Reasonable accommodation can take the following form:

• Modification or adjustment in a job application process or during the hiring process

• Modification or adjustment to the work environment

• Modification or adjustments to enable a disabled employee to have equal benefits and privileges as those employees without disabilities

A disabled employee who encounters difficulty seeking modification or adjustments in his job should immediately consult with an employment lawyer regarding possible violations of this ADA provision.

Lilly Ledbetter bill, a Move for Fair Pay

2008-10-22T21:24:00.000-07:00

Some of us may still remember the story of Lilly Ledbetter. She was once a supervisor in Goodyear Tire plant who discovered that for several years that she had been working in the said company – she was receiving far less than her male contemporaries.

She sued the company in courts. Theory of the case is discrimination in terms of payment. The courts agreed with her, that indeed this was a case of discriminatory pay practices. But upon reaching the Supreme Court, the highest tribunal overturned the decision of lower courts.

The Court said that according to the law, Ledbetter should have filed the discrimination complaint the moment the discriminatory act began.

The Supreme Court, understandably bound by law, didn’t consider the argument that she couldn’t have filed the same on time as she had no way of knowing that a discriminatory act was being committed against her.

Ledbetter lost in her battle.

Taking notice of the soundness and logic of Ledbetter’s situation, a bill was made in her name and recently, the Senate voted on it to become the Lilly Ledbetter Fair Restoration Act. It substantially provides that each new paycheck be subject to a discrimination complaint.

Presently, the issue of fair pay and discrimination against women reaches the political debate.

It is likely that new legislation and measures in labor and employment laws will take place considering the economic downturn that the country, nay, the world, is experiencing. With the feisty campaign, economic situation and all the others that are happening out there – one can only hope and pray.

Quitting the Job: Not a Condition Precedent for Filing Disability Claim

2008-10-17T00:34:00.000-07:00

Disability can often get in the way of our work. It prevents us from being efficient and effective. It affects not only our physical being but also our financial state and our personal interaction with others.

The fact remains that it is during disability that we should have the most of everything. We need the most care, understanding, money and support.

To help us with the financial burden, we can file a disability claim with the Social Security Administration (SSA).

Disability benefits can be under the supplemental security income (SSI) program or social security disability insurance (SSDI). Hence, we come to the query of whether we have to quit work or not before we can file our disability claim.

No! The applicant need not stop working before filing with SSA. Practically, he or she need not wait to succumb totally to such disability. In fact, it is advised to file the disability claim immediately.

In filing a disability claim, the primary consideration is that the applicant has a medical illness that is expected to last for not less than one year and such illness prevents him or her from performing any substantial gainful activity.

Needless to say, the applicant must present proof of his or her medical condition to support the claim of disability.

Becoming disable is not an option for me but in the event that I become one, at least I know what to do.

Arthritis as an ADA-Defined Impairment

2008-10-14T21:49:00.000-07:00

A growing number of California workers are reportedly afflicted with arthritis and it is fast becoming a medical concern for many employers as an increasing number of employees are filing disability discrimination claims under this impairment.

The article, “Arthritis as a Medical Disability in the California Workplace”, posted on October 7, 2008, noted this growing affliction among California workers and warned employers of making discriminatory acts against workers who have arthritis.

Under the law, an employer is prohibited from discriminating against any worker based on his disability or medical condition. However, to be able to file discrimination claims against an employer, a worker must first determine whether his medical condition qualifies as a disability as defined by law which is the Americans with Disabilities Act (ADA).

The ADA defines disability in three ways:

1. a physical or mental impairment must substantially limit one or more major life activities

2. a worker has a record of such an impairment

3. a worker is regarded as having such an impairment

On the other hand, a physical impairment is defined by ADA as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."

But not all the diseases or conditions covered by this definition are actually listed under the ADA or the regulations that implement it, which include a disability such as arthritis.

Arthritis, as a medical condition, is a rheumatic disease characterized by inflammation of the joints. It can be caused by several factors such as injury, metabolic abnormalities, hereditary factors and infections.

However, having a medical condition like arthritis is not a reason for an employer to discriminate against a worker or employee.

If you believe you have been a victim of discrimination due to your disability or impairment, you have to consult with a lawyer immediately.

Texting might have caused the fatal train accident

2008-10-07T19:03:00.000-07:00

Another blow to the government’s reinforced program and measure against the use of mobile phone while driving has been delivered.

Recent developments in the still on-going investigation of the fatal train accident in California reveals that the Metrolink engineer who was driving the train sent text messages moments before the crash occurs.

One expert estimated that the last text message was sent approximately five seconds after the engineer drive through the red signal. Others said that the last message was sent after the light which could have been the cause of the failure of the driver to see the oncoming train.

While Los Angeles Times reports that according to the preliminary information released by the federal authorities, the Metrolink engineer sent a text message from his mobile phone nearly 22 seconds before the actual impact. The driver was said to have also received text a minute earlier. All in all, he sent 57 messages while on duty.

With these findings, it becomes clear that the engineer was in perfect good health before the accident – thus, negating some theories linking his health condition to the crash.

It becomes clear that he was violating the Metrolink policy, and the law, against using cellular phones while on the job. It somehow becomes clear now whose negligence, at least initially, was it that produced the fatal and horrible train accident.

With this, inevitable legal consequences against Metrolink will surely follow. The victims of this accident, we need not say, needs justice, vindication and reparation for their losses – loss of life, damages and injuries to them and their loved ones.

It will become clearer as the investigation reveals more. Irrespective some statements that the feds investigation dubiously leads to their initial “no-basis” pronouncements, truth will come out – which is just what the victims, their families and the commuting public needs during these times.

Managers and employers to share in the tips - illegal

2008-09-24T18:45:00.000-07:00

For now, the rule of the thumb in California is: employers, managers, supervisors or any employer’s agent, may not take part in the division of tips between and among employees. Meaning, what goes on the tip box, pooled together and divided among employees, cannot be shared to above-mentioned individuals. To do so would violate the law.

A CA court so said when it ordered coffee chain giant Starbucks Corporation to pay its baristas more than a whopping $100 million in back tips that the company paid to its shift supervisors.

The ruling of the court is essentially prohibiting managers and supervisors from sharing in the “employee gratuities”. As of the time of this writing, the case is probably elevated on appeal as a spokesperson for the company already signified their intention to an immediate appeal – further on saying that the ruling is “fundamentally unfair and beyond all common sense and reason.”

But for now, that is the rule in California. Any case similar to this one may also be brought before the court with the help of a competent employment attorney.

The initial lone complainant in this case, who was later on joined by nearly 100,000 former and current Starbucks baristas in a class-action suit, felt vindicated by the judgment – issued a statement saying, “tips really help those receiving the lowest wages. I think Starbucks should pay shift supervisors high wages instead of taking money from the tip pool.”

There are at least hundreds, if not thousands, of establishments similarly situated with the Starbucks case in California nowadays. As it stands, it is illegal for managers, shift supervisors or any employers’ agent to share in the tips. If this happens or if an employer still employs this practice – contact an expert Los Angeles attorney right away.

Periods for Filing Discrimination Charges

2008-09-11T21:49:00.000-07:00

Fighting sexual harassment in the workplace may not be a simple task. Even filing a complaint may take courage and great determination for a victim.

Sexual harassment can take many forms and depends on the circumstances. According to law, this act may consist of “vulgar or lewd comments, or forcing workers to wear sexually revealing uniforms. It can involve unwanted physical touching or fondling, or suggestions to engage in sexual conduct”. Even obscene or sexually suggestive cartoons and posters can be sexual harassment. Occasional inappropriate touching, off-color jokes, or repeated sexual references can be sexual harassment.

In deciding on a case, courts often consider the nature, severity, and frequency of the conduct, as well as the conditions under which the conduct occurred.

The first step in fighting sexual harassment is filing a complaint against an offender. The victim may lodge her complaint with any Equal Employment Opportunity Commission (EEOC) office. This can be done in person, by mail or by telephone.

To ensure that the EEOC may effectively act to protect your rights, you must observe some guidelines when filing charges of discrimination. Here are periods that must be observed:

• Title VII of the Civil Rights Act (Title VII) charges must be filed with EEOC within 180 days of the alleged discriminatory act.

• Americans with Disabilities Act (ADA) - The time requirements for filing a charge are the same as those for Title VII charges.

• Age Discrimination in Employment Act (ADEA) - The time requirements for filing a charge are the same as those for Title VII and the ADA.

• Equal Pay Act (EPA) - Individuals are not required to file an EPA charge with EEOC before filing a private lawsuit. However, charges may be filed with EEOC and some cases of wage discrimination may be violations of Title VII. If an EPA charge is filed with EEOC, the procedure for filing is the same as for charges brought under Title VII. However, the time limits for filing in court are different under the EPA; thus, it is advisable to file a charge as soon as you become aware the EPA may have been violated.

Firemen’s Employment Discrimination

2008-09-10T21:39:00.000-07:00

The majority of job applicants in this City, or any city, county or municipality for that matter, didn’t know that they have been a victim of some form of discrimination. Large chunk of our citizens has a common misconception that employment discrimination exists only when one is already hired or already an employee of the employer.

Recently, news about potential firemen who weren’t ultimately accepted albeit have passed all the necessary exams and other requirement because they failed in the medical examination, hit the headlines – or at least becomes subject of murmurs.

Truth be told, there can be discrimination in this aspect. One can be unfairly and discriminately deprived of a possible future employment because of a certain medical condition.

Under the law, particularly ADA, it is unlawful for private employers, state and local governments and employment agencies and labor unions to discriminate against qualified individuals with disabilities in the following:

• Job application procedures
• Hiring
• Firing
• Advancement
• Compensation
• Job training
• Employment terms
• Employment conditions
• Employment privileges

If you are among the firemen candidates who believe that you were unfairly and discriminately treated in your job application, our expert Los Angeles attorneys are willing to help you. After more than a decade of handling cases of discrimination, we have recorded one of the highest, if not the highest, settlement amounts reaching more than $1M made from claims arising from employment discrimination.

Jogger Awfully Killed in Pedestrian Accident

2008-09-02T19:52:00.000-07:00

This blog on motorcycle accidents retell the story of a jogger who was killed in Oak Park reportedly because of a car accident. The accident, which claimed the life of a once lively, pro-active woman, happened one fine morning.

The authorities identified the jogger as Karey Marsh, 46, resident of Thousand Oaks. She was doing her early morning routine when then came a driver who turned out to be driving under the influence and bump her with his car.

Karey was reportedly thrown approximately 30 feet into thick bushes on the side of the road. She was pronounced dead at the scene of the accident near the intersection of Lindero Canyon Road and Bowfield Street.

The driver was identified as Nicolas Lagrotta, 23 years old. He was driving southbound on Lindero Canyon Road near Bowfield Street around 6:25 in the morning, when, for reasons known only to him, he suddenly swerved off the roadway and struck Karey who was then jogging in the bike lane.

Nicholas didn’t know he has killed Karey, not until police deputies suspected he had hit someone when they saw a jogging shoe on the pavement. They even have to use a thermal camera to find Karey’s body in the bushes – they even have to cut though heavy shrubs to be able to take her.

Nicholas suffered injuries and was taken to the hospital. He was later on arrested for vehicular manslaughter and suspicion that he was driving under the influence.

The gravity of the consequence of this pedestrian accident caused by Nicholas is despicable. The full force of the law must be applied to him. He has wronged someone – gravely. He must, at all cost, pay – dearly.

Rehabilitation Act of 1973 Revisited

2008-08-27T21:41:00.000-07:00

It has been said that one of the additional forces which create racial discrimination, is disability. Pieces of legislation are passed to address the issue with the main aim of preventing, if not totally eradicating, discrimination. One of these laws is the Rehabilitation Act of 1973.

Rehabilitation Act of 1973 is a law which prohibits discrimination on the basis of disability in the following:

• programs conducted by Federal agencies
• programs receiving Federal financial assistance
• Federal employment
• employment practices of Federal contractors

As regards discrimination in employment, the standard is the same as those provided under the Americans with Disabilities Act or ADA. Below are some pertinent provisions which highlight the Act and which can be basis of right and cause of action and where to file complaints.

Section 501 of the Act requires affirmative action and non-discrimination by Federal agencies of the executive branch. If you are a Federal agency employee or an applicant and you believe you were discriminated against, you should contact the Equal Employment Opportunity Office.

If however, it is a Federal government contractor or subcontractor with contracts more than $10,000 who/which discriminated you, it is to the Office of the Federal Contract Compliance Program where you should lodge your complaint. Such is the case because Section 503 of the Act also requires those mentioned affirmative action and prohibits them from discriminating.

If you, on the other hand, were excluded from, denied benefits of, or subjected to discrimination under any program or activity which either receives Federal financial assistance or is conducted by the Executive agency or the United States Postal Service, then you should go to the Civil Rights Division of the U.S. Department of Justice.

Lastly, if you were denied access to electronic and information technology because of your disability, contact the Center for IT Accommodation of the U.S. General Services Administration for complaint.

Discrimination’s New Label?

2008-08-08T19:32:00.000-07:00

The ratification of the Genetic Information Nondiscrimination Act (GINA) may be a welcome sign for many advocates of labor and employment issues. While this may be an addition to the so-called “arsenal of weapons” for those battling discrimination in the workplace, it may also pose a new level of risk for others, especially ordinary citizens, where the new law may impose a new restriction on freedom of some individuals

In the article, “Genetic Information Nondiscrimination Act”, posted on July 29, 2008, provides important information on the new discrimination law. The newly signed law “prohibits discrimination based on genetic information with respect to health insurance and employment.

This means that genetic information derived by human genome technology must be protected and prevented from “misuse” by employers and health insurance companies to discriminate anyone.

GINA defines a "genetic information" to include a disease or disorder of an individual’s family member, as well as information revealed in an individual's genetic tests or genetic tests of an individual's family member, other than information about gender or age. It defines a "family member" very broadly, including any dependent, and any first, second, third, or fourth degree relative.

In addition, the law also prohibits retaliation, by making it illegal to discriminate against anyone who opposes violations of the Act. It also requires employers that have genetic information about an employee to maintain that information in a separate confidential medical file, and limits an employer's right to provide genetic information about an employee to anyone else.

A person, who wants to file an employment case under the Genetic Information Nondiscrimination Act case and succeeds in it, can receive damages for lost salary and benefits, as well as emotional distress damages, attorneys’ fees, and costs of litigation.

Like many other federal employment discrimination laws, an individual who has a claim under the Genetic Information Nondiscrimination Act must file a complaint with the Equal Employment Opportunity Commission ("EEOC") and receive the a "right to sue" before he can file a federal lawsuit.

Although the new law may discourage misuse of genetic information on discrimination, it bothers me to think that the same information could be used for other purposes that might threaten our civil rights.

This time, is legislation necessary to safeguard our rights?

Los Angeles Safeguards and Guarantee on Discrimination and Employee’s Rights

2008-08-07T12:21:00.000-07:00

Los Angeles, the home to people of varied nationalities from more than 140 countries, speaking 224 different languages, as can be gleaned, is indeed the common place where opportunity and pleasure is at its finest.

Los Angeles has ever-welcome immigrants from all over the world, since time being. As a fact, it has been continuously nesting varied nationalities in the realms of its territory. A good point to describe Los Angeles, I fairly said.

With the diverse culture and orientation, it cannot be easily discounted the fact that this diverse organization of people could potentially lead to race, religion, nationality, sexual orientation, gender, or age discrimination. This has bearing particularly in the workplaces and other avenues of human activities (whether discrimination in voting, housing, business, federal and state government services, medical services, education and public accommodations in hotels or restaurants and other places).

With these conditions, it is worth knowing that federal and California laws protect people in Los Angeles against such discrimination, particularly in workplace scenarios where constant discriminatory actuations happened.

California is not wanting of anti-discrimination laws in its ruling. Specifically, California has addressed discrimination by exacting laws under the following avenues:

California Age Discrimination Law

California ADA Disability Law

California Race Discrimination Law

California National Origin Discrimination Law

California Pregnancy Discrimination Law

Family Medical Leave Act

And on harassment side, California have exacted these:

California Sexual Harassment Law

California Racial Harassment Law

Retaliation by Employers

With these wager of laws, employees in Los Angeles, irrespective of their diverse beginnings can be held as have been safeguarded and guaranteed in their employment rights, especially against employment discrimination.

A Deadly Aftermath of a Car Accident

2008-08-01T07:52:00.000-07:00

Car accident happens due to various causes. According to the National Highway Traffic Safety Administration (NHTSA), the top six leading causes of car accident re driver distractions, driver fatigue, drunk driving, speeding, aggressive driving and weather.

However, nothing in the causes mentioned above can be blamed for the fatal accident that happened at the Delta-Mendota Canal.

The ill-fated accident that claimed the lives of eight people is the main thesis in the blog, “8 Dead as Vehicles Plunge into Canal after Central Valley Car Accident.”

The accident involved farm laborers. All victims were all immigrants and most were in their teens or early twenties. The accident happened on a small bridge over the canal; both vehicles smashed through the barricades and plunged into the deep water.
Upon investigation, police officers said that the bridge is becoming an accident-prone due to its substandard guardrails that made it an unreasonably dangerous highway.

This particular accident only shows that accident happen anytime, anywhere and under any circumstance. Who would have thought that the guardrails could be one of the culprits in the accident?

I am not saying that if the guardrails were sturdy then the accident would not have happened. Of course, there is no way of stopping it from happening.

What I am saying is if only the guardrails are strong enough to prevent the victims from plunging into the water then they may have been given immediate medical attention. What is next after treatment is no longer in our hands so long as all efforts to make them survive are exhausted.

In this case, those who may have sustained injuries and survived the accident itself may have died thereafter not because of the crash but because of drowning since after the accident the vehicles plunged into deep water.

It is a difficult ordeal to have died twice so to speak.

US Congress engagement to Prohibit Toxins in Children's Products

2008-07-31T09:10:00.000-07:00

Recently, US Congressional negotiators agreed to a ban on a family of toxins found in children's products. Specifically, the legislation was aimed to ban three types of phthalates from children's toys and to outlaw three other phthalates from products pending an extensive study of their health effects in children and pregnant women and would ban the use of lead in children's products.

The ban would virtually take effect in six months time.

Without discounting the familiar dirty lobbying in our national legislature and the anticipated wails of protestations from chemical industries, in that, we can only hope, that the force of the measure can take effect in due time.

The legislative measure, if being pushed through, would really have major implications for the U.S. consumers, whose homes probably are filled with hundreds of plastic wares designed for children that may be causing dangerous health effects. More so, it would become a major victory to parents and health experts who have been loudly insistent for the government to remove harmful toxins from toys.

For then, as I previously said, we just keep our fingers crossed to the life of the measure, and continue to be hopefuls for its ultimate passage and enforcement. We will leave the issue to the legislators.

For now, what we can do as consumers is to wait for the outcome of the measure and keep ourselves abreast with the necessary legal knowledge about product liability, in its fundamental bearings and the necessary claims covered in its mantle.

This is completely relevant, as at anytime of the day, we may use or consume products that for all we know may bring harmful effects on our health. Thus, knowing our legal rights is worthwhile endeavor for us especially nowadays where the issue on product recalls and chemical component ban on products are on high.

For these respects, you can take any available on-line tips and pertinent articles relating to product liability from various sources and avenues or for personal clarifications, to a Product Liability Lawyer.

Are Non-Disclosure Agreements Really Important

2008-07-07T07:00:00.000-07:00

Non-disclosure agreements are legal contracts that oblige two or more parties to preserve the privacy of particular matters involved in the operation of a company. These issues may include trade secrets, procedures, client name and contacts, financial information, among others.

Although this contract is very vital for businesses, many still do not understand its purpose.

Now, let me lay down an example why it is considered so important.

Imagine that your company has been doing various skills enhancement trainings for your employees to ensure that they are continuously improving on their jobs. In these seminars, you might have as well discussed several company secret procedures and confidential information, which are inevitable to foreclose to them.

Also, after staying for several years in your company, your employees may have taken into account about other confidential issues in the business. Without having them to sign non-disclosure agreements, they may have all the means to divulge such vital information to other people or companies – especially if grievances occur on their part.

A non-disclosure agreement can be as precise as a single-paged document wherein both parties indicate an agreement to safe keep the secrecy of particular items. However, there are instances that compel some companies, particularly large ones, to prepare complex and multiple-paged non-disclosure agreements outlining other vital issues in the company operations.

Meanwhile, for those who are about to prepare their own contracts, I do advise you to read an article stating some do's and don'ts in preparing confidentiality agreements. Better yet, have a corporate lawyer to assist you in drafting a legally binding and complete agreement.

The Seemingly Unstoppable Violation of Labor Law

2008-07-02T07:36:00.000-07:00

Labor laws, I would like to believe, are there to lessen the immense power of employers. Without this great body of laws, employees will always be at the mercy of their money-hungry employers (kindly pardon the word). Without this great body of laws, slavery will persist. Albeit in a modern kind of form.

However, exactly because of the power that employers possess over the employees, many cases of labor law violations still cannot be circumvented. The law tried to deal with this by addressing the relationship between employers and the union. It recognizes the employees’ right to unionize and allow employers and employees to engage in strike, picketing, lockouts, seek injunctions, etc.

With this as a guiding principle, the Congress enacted in 1935 the National Labor Relations Act under its constitutional power to regulate intestate commerce. The law governs the employer-employee bargaining and union relationship on a national level. Under the same law, the National Labor Relations Board was established to:

hear disputes between employers and employees arising under the Act
to determine which labor union will represent employees unit

The NLRA makes it illegal for employees to interfere with, restrain, or coerce employees in the exercise of rights relating to organizing, forming, joining, or assisting a labor organization for collective-bargaining purposes, or engaging in protected concerted activities or refraining from any such activity.

It is an unlawful conduct to threaten employees with loss of jobs, loss of benefits and plant closure if they join union or even just to engage in protected concerted activity. In addition, your employer cannot question you about union sympathies or activities.

Promising benefits to employees to discourage union support, transferring, laying off, terminating, assigning employees more difficult work task, are also prohibited acts.

Despite such laws, as already intimidated above, there are still violations. Are our laws not enough? Or are laws really made to be violated? One can only surmise that may be, the problem is in the system; that may be, the seemingly unstoppable violation of labor laws can be stopped after all.

I know someone out there agreed to me on this. I know someone knew the answers. Respect the laborers. We work to live; we do not live to work.

Protecting your Trade Secrets

2008-06-25T08:08:00.000-07:00

Through the years of my practice under the field of Intellectual Property, I have observed that many cases filed for violation of trade secret result in dismissal but for one technical reason.

What many claim as a trade secret is actually not within the definition of the law of what a trade secret really means.

If you are engaged in business of some sort and you are using a certain formula, process or design for a longer period that somebody is also using, it does not mean that you can immediately claim protection, when from the law for violation of trade secrets.

Before you raise your complaint in court, you must first have to examine the merits of your case. Maybe what you are claiming as trade secret are those ideas that are already known to the public.

In addition to this, several complaints in trade secret violation are filed by employers against their former employees.

How can one avoid this situation?

To prevent this, business proprietors or employers must require their employees to sign the non-compete and non-disclosure agreements. These vital documents prohibit them from disclosing trade secrets and help employers secure business information that may be used by employees against their interests in the future. At least with this procedure they can also have a legal recourse against their employee.

Under the law an employee who violated the non-compete and non-disclosure agreement may be subjected to financial liability aside from other sanctions provided by the state or federal laws.

Cases involving trade secret violations are often complicated and may involve many delicate issues that need to be addressed and proved. Hence, if you have any issues with regard to trade secret, the best thing to do is to seek the assistance of an attorney skilled in the field of Intellectual Property.

What to do during retirement

2008-06-24T07:44:00.000-07:00

Retirement: from the root word “retire’, which means to rest or to relax. It is the point when an individual chooses not to work anymore or to have some sort of a retirement work.

When a worker reaches retirement age, he will receive a retirement benefit coming from the Social Security. Yet more and more people choose to semi-retire or to be employed part-time from jobs which are different from what they were doing when they were actually employed.

People’s classic idea of retirement entails not working at all. Some retirees may be hitting the beach or may be buying a house in the suburbs. Retirement can only give you short-term relaxation and leisure. But after that, what do you do? After going on a month-long vacation or after catching up with some old friends, what’s next? Nothing, you’re retired remember?

A lot of people cannot bear the idea of not doing anything at all. Solution: Semi-Retirement. People who have already reached the retirement age, or those who want to retire early, are trying to work part-time. What are the reasons? Well for one, they just don’t want to stop. They have to have something to do.

Another is thing is, their pensions and social security benefits may not be enough to sustain their lifestyle or their cost of living. Studies show that retirees are not getting enough pensions to cover their expenses. In order to offset their expenses with their earnings, they still have to work, although not around the clock.

For retirees, try to venture on something you are interested in. Put up a small flower shop or a grocery store. It is a lot better than not doing anything at all. Plus the additional money could help a lot.

Retirement Benefit Lawyer can help employees understand the pros and cons of Retirement; whether it be a Total or Semi Retirement. With the help of a retirement lawyer, you can prepare for your retirement without worries.

Lilly Ledbetter Fair Pay Act, unsuccessful by 4 votes

2008-06-18T07:34:00.000-07:00

In California, predominantly in Los Angeles, people of different colors are emigrating mainly because of better work opportunities and lower cost of living.

The United States of America is identified as the “melting pot” of all races. However, it is sad to realize that some races think they are far superior to the others.

It was only recently when the Democrats were unsuccessful in the passage of the Lilly Ledbetter Fair Pay Act when the Republicans blocked the Bill by a vote of 52-46. The said act was supposed to extend the 180-day period in which to file discrimination claims. Passage of said bill could have given the employees 2 years to file a claim.

Republicans contend that the passage of said bill would only clog the already busy judiciary of discrimination cases already outside the prescribed period.

I disagree with the Republicans. The bill could have given employees, like Lilly Ledbetter, more protection from employers who discriminate them on account of their gender or age. Who cares if discrimination cases build up? Isn’t this all the more reason to push through with the bill? This would only mean that democracy is alive in this country. More people could have been encouraged to voice out their grievances.

Workers, especially women, do not usually disclose to other workers their salaries. As a result, the 180-day period appears to be too short to file a discrimination case.

The law and numerous court rulings point out that the interest of the people should be the country’s primary concern. Why then should the victims of discrimination be left with limited protection, just so the judges could have lesser work to do? Public interest is, I believe, by far more important than observing mere procedural technicalities.

Possible Damages in Patent Infringement Violations

2008-06-06T08:16:00.000-07:00

Violations on the use of one’s trademark or product name and design constitute patent infringement. An infringement occurs when any party manufactures, sells, imports, uses and offers a patented technology. In simple terms, anyone who sells a product similar to an existing licensed product is considered a violation of the law.

The article, "Santa Ana Patent Attorneys File Patent Infringement Lawsuit to Protect Wheel Design Patent from Copying", posted on June 4, 2008, discusses how difficult it is to pursue litigation against violators of one’s patent rights.

The case stemmed from a patent infringement lawsuit initiated by the inventor of a wheel design against a company who allegedly sells a similar product with similar design. Although the complaint was filed almost a year ago, and a cease and desist letter was sent to the patent pirate, no response has been received yet.

Patent pirates should realize that they could be held liable for their actions under the law.

When a court or jury determines that someone has infringed on another’s patent, the infringer can face several penalties. Violators face the following penalties for patent infringement:

The infringer will be required to pay a certain amount of money to the patent owner, which are made up of several components.
An infringer will have to pay money to compensate the inventor for the wrongful use of the patented invention. The specific amount, which can be determined by either a jury or the court, is calculated by figuring out what the infringer would have had to pay if he had legally licensed the invention, which is known as a royalty rate.
Under special circumstances, the court can take this royalty amount and awards triple the amount, known as “treble damages.” This is done where the infringer was found to act willfully or intentionally, knowing there was a patent in existence and infringing anyway.
The infringer is also likely to be required to pay interest on the money owed as well as the patent owner’s court costs (not his attorney’s fees but, rather, things like the money spent filing documents with the court)
the court will often issue an injunction, which is an order that the infringer stop infringing the patent and never do so in the future

Salient Federal Laws Prohibiting Employment Discrimination

2008-06-05T15:31:00.001-07:00

You cannot avoid discrimination. As long as there are people who single out and show prejudice against persons who they think are inferior to them, then discrimination persists.

But the government does everything to fight this wrong. The legislatures have enacted a number of laws to counteract this problem. These legislations’ main purpose is to put an end to inequality and provide equal opportunity most especially in employment.

What are the Federal Laws which protect employees from Employment Discrimination?

• Civil Rights Act of 1964, Title VII – this law considers it unlawful for an employer, employment agency, labor organization or joint labor management committee to discriminate workers on account of the following:
1. Their Race;
2. Their Skin Color;
3. Their Religion;
4. Their Sex; and
5. Their National Origin

• Equal Pay Act of 1963 (EPA) – this law prohibits employers, labor organizations or its agents to discriminate against employees on the basis of sex, by paying one employee wages at a rate lower than that of another although both rendered equal amount of work and the performance of which required the same skill and ability.

Exception: When payment is made pursuant to:
1. The Seniority system;
2. The Merit system;
3. Quality/Quantity production; and
4. Differential other than sex

• Age Discrimination in Employment Act of 1967 (ADEA) – this law makes it illegal to discriminate employees on account of his age by:
1. Refusing or failing to hire or fire employees;
2. Limiting, separating or classifying employees in a way which deprives them employment opportunities or advancement; and
3. Reducing the wage rate of an employee.
• Americans with Disabilities Act of 1990 (ADA), Titles I and V – this law make illegal discrimination against employees on account of their disability by providing equal opportunity in employment. The law orders that no covered entity shall discriminate against individuals who are otherwise qualified and have met employment requirements in regard to:
1. Job application procedures;
2. Hiring;
3. Career advancement;
4. Discharging;
5. Compensation and wages;
6. Job trainings; and
7. Other employment privileges.

• The Rehabilitation Act of 1973, Sections 501 and 505 – these laws prohibit employment discrimination against disabled persons in the federal sectors.

• The Civil Rights Act of 1991 – this law provides aids employees who are victims of intentional employment discrimination in the form of monetary compensation and other protections. The purposes of this law, as mentioned in Sec. 3 of said Act are as follows:

1. to provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace;
2. to codify the concepts of "business necessity" and "job related";
3. to confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964; and
4. to respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.

In order to avail of the protections provided by these laws, the discriminated employee should first hire Employment Discrimination Lawyers. This kind of lawyers are the ones that you should be calling in case you have been a victim of discrimination in your employment. They possess the necessary skills and knowledge to defend your case. Contact an Employment Discrimination Lawyer as soon as possible.

Other Prevalent Issues as Race Discrimination

2008-06-04T07:37:00.000-07:00

Race discrimination may be considered as one of the most common forms of discrimination in the workplace. Despite growing cultural diversity in today’s workforce, it seems unimaginable to realize that racial prejudice still exists.

The article, "Weight Bias is as Prevalent as Racial Discrimination, Study Suggests", posted on March 28, 2008, brings to one’s attention the growing occurrence of discrimination against obese or overweight people, particularly women.

According to Rudd Center for Food Policy & Obesity at Yale University, discrimination against obese and overweight people is rising and as prevalent as race discrimination in the workplace.

In order to arrive at this conclusion, the research team obtained data regarding this type of discrimination and compared it with the existing information on race discrimination from the National Survey of Midlife Development. The results revealed that weight bias is as prevalent as race discrimination in the workplace.

The study also showed that women are more likely to experience this type of discrimination and other forms of interpersonal maltreatment than men are.

Most alarming, the author of the research study also indicated that weight bias is more common than all the types of discrimination such as those based on age, gender, physical disability, sexual orientation, and religious beliefs.

To prevent discrimination, here are some of the laws enacted to guarantee the protection of one’s rights:

Age Discrimination in Employment Act of 1967 - Prohibits employment age discrimination against individuals who are at least forty, but less than sixty-five years old.
Americans with Disabilities Act of 1990 - Title I and V prohibit employment discrimination against qualified individuals who have disabilities, because of their disabilities.
Civil Rights Act of 1964 - Title VII prohibits discrimination in compensation, terms, conditions, or privileges of employment, because of race, color, religion, sex, or national origin.
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964, to strengthen and improve Federal civil rights laws, provide monetary damages in cases of intentional employment discrimination, and for a variety of other reasons.
Rehabilitation Act of 1973 - Sections 501 and 505 prohibit discrimination against qualified individuals with disabilities who work in the Federal government.
Equal Pay Act of 1963 - Prohibits wage discrimination between men and women who work jobs that require equal skill, effort, and responsibility, in the same establishment and under similar working conditions.

The Changes in Medical Malpractice Claims

2008-05-29T15:16:00.000-07:00

One fine day, I happen to read an article entitled, Doctors Say ‘I’m Sorry’ Before ‘See You in Court’. The article relates all about medical malpractice claims which are constantly litigated causes of actions in our courts in this genre.

The story related by the article happens in Chicago where a highly regarded cancer surgeon, Dr. Tapas K. Das Gupta made a mistake in operating a patient by removing the wrong sliver of tissue, a segment of the eighth rib instead of the ninth.

Dr. Tapas K. Das Gupta had quickly acknowledged his mistakes and corrected the same. Until the passage of years when Dr. Das Gupta now becomes 76 years old, he has continually avow his mistakes and offer his sorry to the patient that was harmed by the occasional errors he committed.

On the same note, the article espouses on improving patient safety and patient communication to cure the malpractice crisis rather than defensiveness and denial, which at all brought tremendous amount of hardship to the victims of medical malpractice and agonizing lawsuits.

To note, the article laid the propositions of some advocates regarding disclosure policies as a method or scheme that may reduce legal claims.

Instead of lawsuits, the bringing out of greater measure of equity by offering reasonable compensation to every injured patient is the key towards this objective. “Defy and defend”, as the most malpractice lawyer counseled, has now to be abandoned and changed to a scenario of disclosure of medical errors and offering of earnest apologies and fair compensation.

The proponent seeks to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.

To my mind, the disclosure project is one of the best avenues that are economical and practicable both for the victims as well as to the erring doctors and medical institutions.

By disclosing the medical mistakes and errors straight to the victims, contending lawsuits, which are costly and timely, can be avoided without of course, compromising the valuable compensation that the victims are legally entitled.

With this considerable shift of views, in order to have ample protection in your rights, you have to seek lawyer help at the first instance so that you can be guided at arriving with a fair compensation less undue influence and consent vitiation.

Before waging a claim settlement under this style, you have to confer with a medical malpractice attorney to help you.

How to Handle Overpayment Claims?

2008-05-28T23:26:00.000-07:00

When it comes to disability benefits, there are instances when you will receive an overpayment claim from the Social Security Administration (SSA). When you do, it is recommended that you deal with it because ignoring it might lead to problems with claiming your benefits.

An overpayment takes place due to discrepancies in the computation of your benefits. You might already be receiving income from your disability but then you seek employment to augment your income. The good news is that there is a way that you can correct the overpayment.

* First, if you think that the overpayment was not your fault, then there is a remedy for that. You can contest the claim and ask for reconsideration. This form is called the “Waiver of Overpayment” and it is available at the SSA. In the form, you will be asked to explain why you think it is not your responsibility to settle the overpayment.

* If your request for reconsideration has been denied, the legal remedy for that is to file an appeal. During this stage, you will need to be represented by an SSA disability lawyer. In the appeal process, your claim will be handled by an Administrative Law Judge.

If nothing works out in your favor, then you have no choice but to settle the overpaid claim. You can work out a favorable payment scheme with the SSA. Usually, the money involves small amounts.

In all of these, getting the services of an SSA lawyer to handle your case is the best thing to do. They know what to do in situations like yours.

Protecting Yourself From Defective Construction

2008-05-06T10:44:00.000-07:00

Construction sites always carry threats on the life of its workers. Injuries sustained in industrial accidents can be devastating. It can result to personal injuries as well as death. Construction site injuries are governed by personal injury and product liability laws.

In a report released by the U.S. Department of Labor and Statistics, 15 to 20% of workers’ compensation claims resulted from injuries in the workplace with 1,400 on-the-job deaths recorded annually. The sad fact is that these accidents are foreseeable and can be prevented if site owners have exerted efforts in making sure that their environment is free from any defects. This is a case of negligence on the part of the site owners and they can be held liable for damages.

Various measures can be initiated in order to prevent similar accidents from happening. First, warning signs should be conspicuously placed within the construction site. By doing so, workers can pinpoint which section of the site they can prevent.

Second, equipments and machines should always be inspected to make sure that they are working properly. Any defective product that causes injuries or accidents to the workers may make them liable for construction liability.

Third, the construction site owners should not hesitate in training their people to use the safety equipments and always remind them to use protective gear.

Finally, if you sustain a slip and fall injury while doing your work, getting the help of a lawyer is your best defense. They can ensure that you are compensated for any broken limb or injuries that you may sustain from your job.

Violation of Trade Secret

2008-04-24T08:16:00.000-07:00

Violation of Trade Secret: How to Deal with it

Doing business involves various issues that necessitate careful planning and implementation in order to achieve success, financial stability or productiveness. Likewise, it is very vital for the company officials to employ strict rules in order to safeguard all their business operations and trade dealings. Yet, because of trade secret theft, many companies either suffer from losses or end up in closure.

Also because of such violations or illegal dealings, numerous lawsuits are being filed in courts by businesses to recover the cost of damages that they suffered from. A great example of such is the case filed by Tesla Motors against its competitor for allegedly stealing design ideas and trade secrets.

The definition of trade secret may vary depending on the state where a company operates. Yet, state laws generally define it as company information, which are not commonly known to the public majority. It provides a company of some economic advantages, which makes it worthy of being protected and of maintaining its secrecy.

Meanwhile, in order to protect your company from trade secret theft, following these measures may be helpful:

Let your employees sign a “Non-compete agreement.” – This type of contract will prevent your employee from working in your competitor’s company for a set period after his employment in your company ceases. In this way, they will not have the means of utilizing the information that they obtained from your company for the advantage of your competitors.

Avoid dealing with suspicious business transactions – Transact only with companies or individuals with proven integrity. Never divulge any of your company’s procedures to people whom you think unworthy of your trust.

Hire an attorney who has the expertise in intellectual property laws and other business laws – Having an attorney to give you advices will give your company the protection you need.

Treat your employees well – In many circumstances, employees who divulge company secrets are those who were discriminated or unfairly treated. It will also be helpful if you will give them proper trainings and provide their needs.

Is ERISA law sufficient in protecting working person’s rights?

2008-04-22T06:33:00.000-07:00

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that was passed to protect pension rights of workers in private industry. It covers most employee benefit plans, including disability, life, and medical insurance and pension benefits provided by an employer.

Nowhere in the provisions of the ERISA law that has it required an employer to establish a pension plan. It only requires that those who establish plans must meet certain minimum standards.

Standards such as,

1. Regularly providing participants with full and clear information about the plan including information about plan features, funding and how and when pension benefits can be collected.

2. Sets minimum standards for participation for pension plans, vesting, benefit accrual and funding.

3. Provide accountability of plan fiduciaries, especially in cases of breach.

4. ERISA law also mandates that a grievances and compliant department be established for plan participants.

ERISA Law also gives participants the right to sue for benefits, breaches of fiduciary duty and those who are waging prohibited actions under ERISA law.

The aforementioned are the protective measures that the ERISA law extends to the workers in general.

On this line, a question would be relevant, Is ERISA law sufficient in protecting working person’s rights. Put is differently, does it effectively cure the end it intends to achieve, which is protecting worker’s pension rights?

To note, ERISA law had replaced all state laws that protected an employee's rights to benefits from an insurance company or employee trust.

The effect had greatly affected vast majority of pension claimants. The changes had made the ERISA law takes precedence over state laws.

One has said that ERISA law has reduced rather than expanded the legal protections available to policyholders.

State law provides a higher level of protection to employees compared to ERISA, in cases of unjust denials of pension benefits

Various State laws provide an employee the right to jury trial and could receive constitutive damages aside from the benefits under the policy. In contrast, ERISA law there is no right to a jury trial.

On this score alone, a safe generalization can conclude that ERISA law provides legal obstacle rather than protection.

Having this law prevailed in our jurisdiction, we can do nothing except to accede to its mandate despite the pitfalls it brings.

Claimants having varied concern on this issue must settle with a lawyer who is adeptly knowledgeable with this law. The lawyer can be utilized give them the much-desired protection and at least level their playing field and made a fair chance on their claims.

Fault Issues in Premise Liability

2008-04-21T11:40:00.000-07:00

The article “Casino Patron Suffers Severe Knee Injury on Escalator - Unreasonably Dangerous Condition on the Casino Premises”, posted on November 7 last year, highlights the result of an accident, which injured a casino client in an escalator.

The issue involved an injury suffered by a customer whose pants were entangled in an escalator. According to the article, the accident victim suffered serious knee injuries, along with other traumatic injuries, and required surgery.

As a result, the victim sued the property owner and held them responsible for her injuries under premise liability. The customer filed for for a $ 20,000 damage lawsuit .

When there is hazardous condition in a premise that results in harm and injury, an accident victim may file damages under the premise liability. By law, it is the responsibility of a property or business owner to make sure that no conditions exist that could cause a person to slip or trip and fall.

Slip and fall accidents happen most in poorly lit hallways, damaged staircases, uneven sidewalks, debris or liquids left on the floor, and other unsafe conditions.

In determining the fault of business or property owners under a premise liability, the three requisites must be proven:

that the owner of the property or business caused the condition that resulted in the slip and fall accident

that the owner knew about the hazardous condition but did nothing to remedy the situation

the owner should have known about the unsafe condition and done something to fix it.

Under premise liability, a certain standard of care and “reasonableness” also applies to so-called licensees and invitees. Licensees are persons who enter a property on their own or as social guests of the property owners while invitees refer to people invited into the premises, such as a customer in a store.

There are several factors involved in determining whether the standard of reasonableness required by an owner toward licensees and invitees has been met. These include the following:

Circumstances under which the visitor entered the property

Foreseeability of the accident or injury that occurred

Use to which the property is put

Reasonableness of the owner/possessor's effort to repair a dangerous condition or warn visitors

The standard of care applied by a property owner may help determine the extent of one’s fault in an accident.

The Bearings of Sales Covenant

2008-04-21T11:37:00.000-07:00

A common saying in commercial transactions relates, “Time is of the essence”. The implication of this observation is more on practicality and convenience. That, as much as possible commercial dealings must be closed at the earliest.

To achieve this end, a sales agreement was devised to facilitate commercial transactions among merchants and consumers.

Sales agreement is sanctioned in all jurisdictions around the globe. Specific laws of each jurisdiction are legislated regulating its provisions, stipulations and constitution.

A sales agreement is a contract that deals in the exchange of goods, services or property by the seller to the buyer for an agreed value in money or other compensation. It is a legally binding contract that establishes the respective rights and responsibilities of the merchant and consumer.

Whether you are dealing with goods, equipments, personal property, real estate, or cars, or whether you are engaging in wholesale or retail, specific sales agreement should be entered so that transactions become systematic and that the parties achieve their goal in an economic way.

The bearings of Sales covenant can be outlined under the following directions:

It provides practicality and convenience to the parties as well as its transactions expedited.
Sales agreement is a device in avoiding fraud.
It binds the parties to their specific undertakings and offer sufficient notice to third persons that intrusion is not allowed.
Make transactions between seller and buyer straightforward.
It contained detailed description of the goods or services for sale as well as the prestation or obligation of both parties to the contract, to avoid parties from unilaterally renouncing their specific undertakings.
It secures both parties against nonperformance or non-abidance of the terms of the contract. The party at fault may be held liable for damages.
Sales agreement ensures smooth transition of the transactions.
Evidenced the completion of a commercial activity, that is, the deal is closed.

With all these inputs, one important consideration that relates to both parties is the need for legal assistance of a lawyer.

On the part of the seller, it is wise that lawyer be waged in drafting the sales agreement so that all the constitutive elements of the contract are considered including its legal elements.

On the buyer’ part, it is advisable to have a lawyer review the document before signing so that legal rights are learned and protected.

No Liability for Retaliation

2008-04-21T11:28:00.000-07:00

Federal and state laws protect employees from any form of retaliation from their employers after reporting an alleged wrongdoing such as harassment or discrimination. The protection clause remains in effect even after the case has been dismissed or was proven to have no merit whatsoever.

I think that every employee has the right to report their superiors who are abusing their authority. Employers do not have the right to discriminate their employees because of disability, age, race, sex, or color. They should not be judged based on these aspects but on their job performance. Federal and state laws provide sanctions to employers who will discriminate or terminate their employees.

In my opinion, it would be unfair to dismiss an employee who is doing a good job in the first place just because they are black, disabled, or a woman. Every employee should be given a chance to prove themselves worthy of their positions. So unless the employee is really doing a terrible job, employers cannot use their authority to fire an employee without due process. This means that the employer should give the employees a chance to defend themselves.

If there is valid ground and the employee is not doing what is expected of him, then they can recommend the removal of the employee. But beyond that, they should be given a chance to freely exercise their right to work even though they are handicapped.

Employers should provide their employees an avenue for airing their grievances. Otherwise, it could be another valid reason for employees to report their employer.

Why Incorporating Out of State Is Not Recommended

2008-04-17T06:24:00.000-07:00

Setting up a corporation and being your own boss are only some of the rewards of having a business of your own. Aside from that, there is the practical reason of being financially independent while trying to cultivate your own skills in resourcefulness and being responsible.

In the article, “How to Incorporate and Start your Own California Corporation”, posted on March 23, 2007, the issues on how to start a corporation were sufficiently discussed.

The article enumerates the varied reasons and benefits one can derive from incorporating a business. In California, particularly, some of the common benefits of corporation establishment may include the following:

It protects your personal assets by having a separation of ownership
There could tax advantages available to you
It costs less to start a corporation in California ($100)
You can easily and professionally raise money through friends and family
For non-Californians, the annual franchise tax ($800) is waived for the first year

We all know what incorporation can do to a business, especially for starters and small businesses. However, incorporating a business outside of one’s state can do more harm than good.

Why is that so?

Not only is it impractical, but also incorporating out of one’s resident state can result in more taxes. And unless you are making out a profit of more than $100,000 a year, incorporating out of state will entail a great deal of expenses. For a starting business, this is not so good.

Added to this, you will have to pay for the franchise tax so that you can take your earnings back to your home state and save it there.

Nevertheless, establishing a corporation is a smart thing to do. Because lawsuits are always possible in business, the decision to incorporate is one’s guarantee of protection from it. Perhaps the best thing incorporation can do is protect your personal assets from legal threat so that no matter what happens to your business, your properties will remain secure. It can also help you find remedies in contract disputes and shield you from employee’s mistakes.

Dealing With SSA Overpayment Claims

2008-04-16T07:30:00.000-07:00

One of the worst experiences that a claimant for social security disability can have is receiving a notice of overpayment. Usually claimants have the tendency to ignore them without realizing that such notice may eventually lead to the blocking of their checks.

SSA overpayment claims takes place when there is an error in the computation of benefits. The claimant may already be receiving disability compensation but then pursues a job to compensate their income.

If you think that the overpayment is not entirely your fault, contesting the notice is possible by asking for reconsideration. The necessary form for filing such request is available at an SSA office near your locality.

Another way of contesting the overpayment is by completing another form called “Request for Waiver of Overpayment.” With this document, you can explain why such overpayment is your responsibility and why repaying it is unfair and will cause difficulty on your part.

If your request for waiver has been denied by the Social Security Administration, you can appeal your case. At this point, assistance of a competent lawyer would be needed. During the appeal, there might be a need to attend hearings and testify in front of an Administrative Law Judge.

If your appeal does not work out and the overpayment issue has not been resolved, the SSA would work out payment schemes with you. They would involve minimal amounts of money.

In all of these, getting legal representation can lead to a successful claim. They have the training to handle these cases and they know what to do.

How Much Should an Employment Severance Package Be?

2008-04-16T06:53:00.000-07:00

For all we know, severance packages are something like an incentive given by employers to their dismissed workers or employees. It is like a token or a send-off gift for a worker so that he can start anew.

But in all aspects, the awarding of an employment severance package is more a prerogative of an employer than it is a worker’s legal right. This means an employer may decide not to give a severance package if he deems it unnecessary. In the first place, a severance package is a privilege not a right.

Anyway, in the spirit of goodwill, an employer often gives a severance package to a fired worker to soften the blows of dismissal.

But in the article, “Whoever Designed Ray Mozilo’s Severance Package Must be Ashamed”, posted on January 12, 2008, the severance package received by a dismissed executive almost amounted to three times his base salary, which totaled about $ 110 million.

According to the article, which is based on a Los Angeles Times report, the amount of the severance package is “too much” considering that the executive has done nothing exemplary during his stint with the company.

This brings us to the question: how much should a dismissed employee actually receive for a severance package?

It depends. Because employment severance packages are mostly decided on by employers, probably the amount may vary depending on certain factors.

In considering how much to give to an employee who just got fired, one has to know first the circumstances behind the dismissal. An employer must first determine the causes of one’s dismissal.

More often, these causes are contained in the warning and termination letters sent to a worker prior to his dismissal. A typical severance package may also contain the following information:

A notice of termination stating the reasons
The terms of settlement in the severance package
The benefits offered by the company

Overall, if you are an employer it pays to have a good severance package ready in case you need one. Having a lawyer to assist you in drafting a severance package may ultimately help you in the end.