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California Employment Law Harassment
Aug 2nd, 2010 by admin

California Labor Laws: Asserting Your Employee Rights

 

Many employees when experiencing a labor violation are confused as to where to turn and typically take one of four paths.

1. A very common path and usually the most treacherous, is doing nothing at all. When an employee is hesitant to hire California overtime lawyers or California labor law attorneys to handle a situation, it usually gets worse before it gets better. Complacency will typically cause labor violations to become more frequent. California labor law attorneys have found that “where there is smoke there is fire” and when one violation is discovered, many others are found.

2. The next course of action frequently taken by employees experiencing a California labor law violation is attempting to handle the problem “through the Employer’s channels or procedures”. This course of action has risks of its own and one of the biggest dangers in filing a formal Employer complaint “though the proper channels” is the risk of retaliation. Employees do not realize that by filing an official complaint they place their employers on guard and exposed to liability if the employer retaliates. Once a complaint is filed for a labor violation, if the employer then retaliates and demotes, harasses, suspends or fires the employee, that employer exposes themselves to additional liability.

3. Another option an employee may exercise is going to the labor board. The California Labor Board does however have limitations, in that they will not purse the 4th years (Unfair Business Practice Claim) as a private attorney would and therefore they may shorten the amount of their claim. Furthermore, the California Labor Board handles very small claims and may not always pursue the employee’s claims as vigorously as California overtime lawyers might. The California Labor Board also has a serious limitation in that if either party prevails, the other party has the option to appeal and have the case start all over. Once this occurs, and employee will need to find a California labor law attorney to represent them and also faces the risk that if they lose this appeal the loser must pay the winning parties attorney fees and court costs. On the other hand, if an employee hires California overtime lawyers to handle the claim from the outset and prevails on any part of the claim, the Employer must pay the Employee’s attorney fees. This is a huge advantage. As you can see the California Labor Board has severe limitations and is designed for smaller disputes where the employee does not mind some uncertainty of outcome. While the California Labor Board is free of charge- sometimes you get what you pay for!

4. California overtime lawyers and California labor law attorneys may be the best option when it comes to the enforcement of California labor laws. When an employee hires an attorney who is experienced in California overtime laws, the outcome may be better than testing the waters at the California Labor Board and surely much better than doing nothing at all. Case law and statutes are constantly evolving and knowledgeable California overtime lawyers or California labor law attorneys can in many instances pinpoint the applicable laws and cases that could bring an employee to victory. Even better, if your attorney wins, your employer must pay his or her legal fees!

In closing, an employee has several choices. Hiring a qualified professional to protect your interests is imperative if you want good results. Interview several California labor law attorneys and find out who you feel most comfortable with.

About the Author

Lars Vheltzer is a freelance journalist who frequently contributes and comments on issues impacting the legal services provided by California labor law attorneys relative to State regulations enforced by the California Labor Board as well as topics affecting California employees who may be best served by retaining California overtime lawyers.

Workplace Sexual Harassment (Equal Rights 101)


Employment Lawyers Massachusetts
Jul 18th, 2010 by admin

employment lawyers massachusetts

Massachusetts: Health Care Utopia?

I recently attended a lecture hosted by The Boston Federalist Society entitled:  Health Care Reform:  Is the Massachusetts Model a Cure-All for the Country?   Ironically, the lecture was presented in the Kennedy Room of the Omni Parker House Hotel.  There was plenty the speakers disagreed about, but it was what they agreed upon that surprised me most.  According to expert data available, because it’s subsidized by the federal government, the Massachusetts model has proven to be mostly affordable for our state.  The plan has succeeded in extending some form of coverage to 97.3% of residents, giving us the lowest rate of uninsured in the country.  The issue most hotly contested was the Constitutionality of forcing people over the age of 18 to buy health insurance or pay a fine.  The Commerce Clause was also debated at some length.

Timothy Murphy, of Beacon Health Strategies, gave a presentation that made this Tea Party member proud.  He said that the state law, despite allowing for greater transparency of health care costs, has done nothing to lower rates.  Health care rates across the state continue to increase about 10% yearly.  Of the state plan he said, “We got the individual mandate wrong.”  He believes the plan has lead to the government being in the “bullying and price control business.”  As a business owner, Murphy believes in a consumer driven market rather than having employers negotiate directly with insurance companies.  Employers dislike dealing with insurance, and find it a distraction from their main function.

Nancy Turnbull of Harvard School of Public Health disagrees.  She said, “People can’t pick their own coverage.  They can’t decide they don’t want substance abuse or mental health coverage today and then change their minds tomorrow.”  Oh really?  Why not?  People generally have to wait until open enrollment to make changes to their plans, but why can’t they change their minds?  Regarding men wishing to decline maternity coverage, she actually accused them of attempting to deny their roll in the fathering process.  You can’t make this stuff up.  Turnbull believes that people want healthcare choices simpler “because they don’t understand it.”  I don’t know about you, but I’m growing tired of being told I’m not smart enough to make my own decisions.  Turnbull also blamed “monopolies in the state that control the market.”  In my humble opinion, that’s the best argument for making health insurance more competitive.  Why can’t we buy insurance across state lines?  Anyone?

The audience in the Kennedy Room was predominantly made up of lawyers and health care professionals.  For a topic so controversial, I’d say the listeners were quite reserved.  When Tim Murphy spoke, I had to sit on my hands lest they spontaneously clap together.  At times I had to remind myself that this was not a Tea Party Rally.  Murphy spoke passionately about the overreach of the federal health care bill.  He stated it would “follow the same path as Massachusetts-but on steroids.”  The state bill is barely 70 pages, while the colossal federal bill towers at almost 2,700.  Nancy Turnbull, who supports more government regulation, appeared to have no problem with that.  She proceeded to calculate out loud, “70 pages multiplied by 50 states…”  That comment was followed by some actual booing from the crowd.  By her calculations, we are saving about 800 pages.  Nancy, let’s not give Congress any ideas. 

Turnbull quoted the tired liberal mantra about “other countries having lower costs and better quality health care.”  Will someone please tell me where these health care utopias are?  It’s almost impossible to compare the quality of health care among countries that can’t even agree on the criteria for collecting data.  For instance, when comparing infant mortality rates, some countries don’t count the deaths unless the infants are at least 24 hours old.  Therefore if another country counts infant deaths from the time of birth, that country is perceived as having a higher mortality rate (i.e., the United States).  Furthermore, if I develop cancer, I have a 20% higher chance of survival then if I lived in England or Canada.  Call me crazy, but I think I’m ok with paying more for those odds.

Murphy used an excellent illustration of the free market regulating itself when he spoke of his own experience with Lasik eye surgery.  Since Lasik is not covered by insurance, when he decided to have the procedure he researched doctors with the most experience.  By educating himself with the pertinent facts he was able to make an informed decision.  He stated he was amazed at how the price has dropped since the surgery had first become popular.  Murphy states this was “the best example of a procedure in which the quality went up and the price went down.”  Wow!  Capitalism does work!

There was much discussion about the Constitutionality of the federal government getting into the health care business.  The focus was the much contested Commerce Clause which gives government the authority to regulate interstate commerce.  In United States v. Lopez (1995), the Supreme Court ruled that the Commerce Clause may only be used by Congress to regulate human activity that is truly commercial and has not been traditionally regulated by the states.  In a September 2009 WSJ article, Andrew Napolitano said the following: 

“Applying these principles to President Barack Obama’s health care proposal it’s clear that his plan is unconstitutional at its core.  The practice of medicine consists of the delivery of intimate services to the human body.  In almost all instances, the delivery of medical services occurs in one place and does not move across state lines.  One goes to a physician not to engage in a commercial activity, as the Framers of the Constitution understood, but to improve one’s health.  And the practice of medicine, much like public school safety, has been regulated by the states for the past century.”

Presenter David Rivkin, Esq. from Washington, D.C. seemed to agree with the massive overreach of the federal government.  According to Rivkin, “every decision you make has an economic footprint–what you eat, if you exercise and even if you procreate.”  Does that mean the government should control all behavior?  In a word, “no.”

A subject that was conspicuously absent from the debate was TORT reform.  I guess with all those lawyers in the room no one wanted to bring it up.  The lecture ended with a presentation by Wendy Mariner from Boston University School of Public Health.  She stated it was not a problem with the Constitution if the federal bill received its funding from “a tax instead of a mandate” (cue the giant sucking sound).  She said, “God created insurance to spread the cost.”  I guess my Bible is out of date. 

About the Author

Christine has a BA in Communications from Truman State University. Before becoming a psychiatric nurse she worked as a zookeeper for 13 years. While in the animal field she traveled extensively around the country presenting educational bird shows. She became passionate about politics over the past several years and is concerned about the ever increasing size and scope of government. Christine is currently serving on the steering committee for the Greater Boston Tea Party.

MA Employment Law – How To Let Your Workers Go


Employment Lawyers Nyc
Apr 9th, 2010 by admin

employment lawyers nyc

Marc Bern Helps You with Construction Accident Cases

When you are involved in a construction accident, Marc Bern is there to help. Construction accidents can happen at any time. Sometimes it is because of something you have done. Other times it is because of something another employee has done. It can also be your employer’s fault that an accident has happened. For any of these cases, Marc Bern can help.

Even when it is your own fault, you may still need Marc Bern to help you with your construction accident case. Usually this is because you need someone to defend you in court. This is very important because there are many laws around getting justice for an accident and you really need someone who knows a lot about it. A public defender, while free, may not be very knowledgeable in all areas of the law. Marc Bern can also help you seek justice yourself too even if you caused the accident. There could be circumstance involved that may affect things. If you were for instance following company procedures about how to stack bricks and a bunch of bricks fall on you and severely injure you then you may be entitled to some kind of compensation.

You are really more likely to be injured by your fellow employees than injuring yourself in a construction site. Marc Bern can help you in these cases. You deserve some kind of compensation. To get this compensation though you need someone who is very knowledgeable in the law. This is where Marc Bern can step in. He can use his knowledge and experience to work for you and get you the best compensation you can get. Sometimes there are medical bills that will need to be paid. Other times injuries might have resulted in a loss of work and loss of wages. In the most severe cases you might be left permanently disabled. This is why the compensation involved is so important and why the person you need to represent you is so important as well.

Ultimately the person most at fault is usually the person in charge of a construction site. They may have made bad policies that resulted in injury. They could have even bought low quality, cheap materials that resulted in an accident. Whatever the case, Marc Bern can help. Oftentimes people have insurance policies around construction accidents because they can occur so easily. You really need someone who knows all about construction insurance and can help you. When a person goes about fighting insurance companies for money that they are due, they soon find that the battle is very long and tiring. This is why hiring a lawyer like Marc Bern can be so important. He knows just how to go about dealing with the insurance companies and saving you time and worry.

 

About the Author

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases. To get information about some famous lawyers like Marc Bern – Marc J Bern, Paul J. Napoli – Paul Napoli and other Malpractice lawyers visit www.nbrlawfirm.com

New York Employment Lawyer Ariel Solomon: WWW.FEDATTORNEY.COM


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