» law

Chicago, IL (Law Firm Newswire) September 4, 2015 – Workers are entitled to Family and Medical Leave Act (FMLA) benefits. If a manager denies those benefits, a court may hold them personally liable. The Fair Labor Standards Act (FLSA) and FMLA allow workers to sue individuals for denying them benefits, and that includes HR directors and managers and the company CEO. The second important thing to note is that there are some state laws that also state that supervisors may be held personally liable for discrimination on the job. Personal liability is a frightening term when it comes to being […]


Continue reading full article »

Miami, FL (Law Firm Newswire) September 3, 2015 – There has been an alarming rise in hit and run collisions in Florida. According to the Florida Highway Patrol, there were an estimated 80,000 hit and run accidents in 2014. South Florida is leading the surge in these deadly accidents, with 17,480 hit and run crashes in Miami-Dade County, and 9,749 in Broward County. “Drivers who leave the scene of an accident are only making a bad situation worse,” said Jason Chalik, a prominent Florida car accident attorney with Chalik & Chalik. “Now, they may face criminal charges as well as […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) August 28, 2015 – Overdosing on legitimate prescriptions or pill mill doctor prescriptions such as oxycodone, hydrocodone and oxymorphone now account for the single largest cause of accidental death in the U.S. Once only prescribed for the terminally ill, opiods have become an everyday tool for pain management. “Statistics from the CDC (Centers for Disease Control and Prevention) reveal that more Americans die from prescription drug overdoses for painkillers than from other street drugs, such as heroine or cocaine,” said noted Lakeland criminal defense attorney, Thomas Grajek. In fact, the CDC statistics also show that […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) August 27, 2015 – Rules and regulations relating to what constitutes total disability under the Federal Employees Retirement System (FERS) are confusing. What is the clear definition of total disability, or is there one? Total disability is close to being an open-ended definition to some managers who feel that an individual must be completely disabled 100 percent of the time. This is not the case. However, there are specific requirements that must be met in order to become eligible for FERS disability retirement. Those requirements include, but are not necessarily limited to: * The disability […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) August 21, 2015 – Is a judge allowed to change a sentence after one has been imposed, while the offender is in jail serving time? “The short answer in that scenario is, more often than not, no, because this situation is called double jeopardy. It would be wrong on a number of levels,” said Thomas Grajek, a Lakeland, Florida, criminal defense attorney. “No officer of the court, such as a judge, can on their own, without holding a hearing including all relevant parties, re-sentence someone after they have already been sentenced.” It is one thing […]


Continue reading full article »

Sacramento, CA (Law Firm Newswire) August 12, 2015 – Lately, the media has been full of news detailing stories of law enforcement using excessive violence with African Americans. Aside from racial profiling, is sexual harassment also a part of some of these confrontations? “The video of the McKinney, Texas, pool party was a particularly disturbing incident,” said respected sexual harassment attorney, Deborah Barron of the Barron Law Corporation in Sacramento, California. “Here is an adult police officer shackling, yelling at and straddling a 15-year-old unarmed, crying teen in a swimsuit who had nothing to do with the initial disturbance that […]


Continue reading full article »

Tampa, FL (Law Firm Newswire) July 31, 2015 – Florida traffic safety officials say that hundreds of lives could be saved if more drivers and passengers buckled their seat belts. In Florida in 2013, there were more than 1,200 deaths in vehicle crashes, and about 48 percent of the people who lost their lives were not wearing their seat belts. According to officials, many if not most of the unbelted deaths could have been prevented. “Far too many Floridians lose their lives in traffic accidents,” said Robert Joyce, a Tampa car accident attorney with Joyce & Reyes. “It is tremendously […]


Continue reading full article »

Austin, TX (Law Firm Newswire) July 28, 2015 – The Texas legislature is striving again to try to pass a bill banning texting while driving statewide. Texas is one of the few states left that does not ban texting while driving statewide. Many cities have their own ordinances, such as Arlington, Austin and San Antonio, but others have nothing in place. It is not for the want of trying to get an effective House bill passed to ban texting. “It has been attempted three times, met a governor’s veto and a house member’s reluctance to support such legislation,” says Austin […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) July 22, 2015 – Criminal charges are not processed through just any court. To try a case, the court must have personal jurisdiction, subject matter jurisdiction and the power to try an accused for breaking the law. Jurisdiction equates to the word “power.” A jurisdictional issue over a legal matter has three components: · The question of whether there is jurisdiction to hand down a judgement sought · The question of whether there is jurisdiction over the matter in question · The question of whether or not there is jurisdiction over the individual charged It […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) July 21, 2015 – Are employees required to keep detailed records of any form of sexual harassment that may transpire at work and file a complaint with Human Resources? This latest court case suggests that this may not be necessary. “EEOC v. New Breed Logistics, No. 13-6250, 6th Cir., 2015, is interesting in that it challenges long held beliefs that if there is a sexual harassment policy in place and a dedicated method of reporting same, a company is on the right side of the law. This may not be the case any longer,” said […]


Continue reading full article »

Fairfax, VA (Law Firm Newswire) June 19, 2015 – Largely GOP-backed measure includes retention of ‘stepped-up basis’ on capital gains. The House of Representatives on April 16 voted largely along party lines to repeal the estate tax. Seven Democrats joined 233 Republicans voting in favor of the repeal, while only three Republicans aligned with 176 Democrats against the repeal in the GOP-controlled House. The roll call on the estate tax was the first time in a decade that the lower chamber of Congress supported an end to what Republicans have called the “death tax.” But unlike the previous House vote […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) June 18, 2015 – Distracted driving comes in many forms. The law views two of those distractions the same: drunk driving and driving under the influence of drugs. The difficulty with taking prescription medications and driving is that many people do not realize their cognitive abilities may have become impaired. Others do not believe the warnings printed on medications about not driving when taking various medications. For whatever reasons, people just do not regard driving while under the influence of prescription medication(s) to be the same as DWI. According to a National Highway Traffic Safety […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) June 16, 2015 – What would a worker do if their possibly questionable actions were captured on video in the workplace? The conflict between privacy and the right to know what workers are doing mirrors the balancing act that the iconic image of blindfolded Justice attempts with her scales. In order to determine if a worker’s right to privacy has been intrusively invaded it must be balanced against the employer’s right to know what is going on with employees in the workplace – a delicate task of drawing the fine line between two diametrically opposed […]


Continue reading full article »

Tampa, FL (Law Firm Newswire) June 16, 2015 – Revelation over limited firings for long wait times triggers congressional ire, legislation. When a nationwide scandal over manipulated wait times at Department of Veterans Affairs hospitals rocked the agency last spring, the controversy resulted in the resignation of VA Secretary Eric Shinseki and calls for reform. And Robert A. McDonald, Shinseki’s successor as VA chief, followed up with the announcement in February that the department had fired 60 people in the wake of the scandal. The VA quickly corrected that figure, saying that only 14 employees lost their jobs and lesser […]


Continue reading full article »

Fairfax, VA (Law Firm Newswire) June 10, 2015 – Pact would enforce judgments across international borders, facilitate tracking of scofflaws. State capitals are not usually associated with the fate of international treaties. But the fate of an important international treaty on child support hangs in the balance after a key legislative committee in Boise, Idaho, voted on April 10 to reject the measure that must be passed by all 50 state legislatures in order for the U.S. ratification process to proceed. With only hours left in the state Legislature’s session, the House Judiciary, Rules and Administration Committee voted 9-8 to […]


Continue reading full article »

Chicago, IL (Law Firm Newswire) June 9, 2015 – It is against the law for a business to discriminate against someone who is pregnant. Further, breastfeeding is an integral part of pregnancy and breastfeeding in public is legal. Yet women who breastfeed in many establishments face discrimination. “Breastfeeding in public is legal. Period. However, the act itself seems to disturb some if the mother chooses not to cover up while in public. This has often resulted in a manager asking the woman to cover up, move into a bathroom, or leave the place of business. This is illegal in every […]


Continue reading full article »

Lakeland, FL (Law Firm Newswire) May 26, 2015 – All crimes have one thing in common: they begin with an arraignment process and a preliminary hearing. The law categorizes criminal offenses as felonies or misdemeanors, with misdemeanors being generally defined as lesser offenses (e.g. shop lifting, DWI) and felonies involving more serious offenses such as kidnapping or murder. Regardless of the classification of the offense, the ensuing process through the justice system to conviction or dismissal of charges is much the same, with minor differences per each jurisdiction. It all begins with an arraignment at the first appearance in court. […]


Continue reading full article »

Miami, FL (Law Firm Newswire) May 22, 2015 – In March 2015, the federal government hastily filed an emergency motion to the U. S. Court of Appeals for the Fifth Circuit asking to remove an injunction issued in February 2015 in Brownsville, Texas. The request to uphold the initial injunction brought many Attorneys General out of the woodwork from across the United States. Represented in the briefs filed with the Texas court to uphold the injunction were: New Mexico, California, Hawaii, Vermont, Rhode Island, Maryland, Iowa, Connecticut, Delaware, Washington, Massachusetts, New York, Oregon, and the District of Columbia. “The injunction […]


Continue reading full article »

Austin, TX (Law Firm Newswire) May 21, 2015 – In re Crawford & Company is a stunning decision by the Texas Supreme Court that could have serious ramifications for injured workers in the future. “This particular case may cause some serious ripples with regard to the Texas Workers’ Compensation claim remedy process,” points out Perlmutter & Schuelke partner and Workers’ Compensation attorney, Brooks Schuelke. The court stood firmly behind the concept of exclusive jurisdiction for the Texas Division of Workers’ Compensation Act to respond to and deal with all processes in any investigation, even outside the claims system, settling or […]


Continue reading full article »

Austin, TX (Law Firm Newswire) May 18, 2015 – Sometimes simplicity in drafting a law produces the best effects. A bill proposed in Tennessee aims to curtail drunken driving by cutting off accessibility to alcohol. “If the proposed Tennessee bill does gain traction and passes into law, it may find a home in Texas as well, particularly if the proposal to cut off access to alcohol after three or more DUIs does work,” suggests well-known Austin personal injury attorney, Bobby Lee of Lee, Gober & Reyna. “There would likely be logistical issues relating to tracking offenders and informing points of […]


Continue reading full article »