Tag Archive for Law

Employment Law Vs Workers Compensation Law

As employment law and workers compensation law are both related to people and their work place it is common to use them interchangeably. But they are key distinctions between these areas of law.

Employment law deals with factors such as:

  • Discrimination: Employers cannot treat employees differently Legal billing softwareaccording to color, gender, race, religion, disabilities and origin.
  • FMLA violations: Employers with more than 15 employees must follow the FMLA regulations that basically entitles individuals to 12 weeks of unpaid leaves if the employee has certain reasons for medical conditions.
  • OSHA: Occupational safety and health administration violations are the federal safety violations when an employer neglects to shield military base employees, offshore and long shore employees, federal staff etc.
  • Harassment: This includes any behavior meant to upset or disturb an employee at work place.
  • Wage and hour disputes: These disputes include failure to pay, unpaid time and illegal distribution of tips during tips. Problems involving freelance contractors, mis-classification of employees also falls in to this employment category.
  • Retaliation: Federal laws prohibit entities from reciprocating against a person who participates in discrimination, opposes an unlawful employment practices and files a charge of discrimination.

Workers compensation laws:

  • Workers compensation provides insurance cash benefits or medical care for employees who become ill or injured as a result of their job.
  • Employers pay for this and shall the employee is not required to contribute to the cost of compensation.
  • In a workers compensation none of the parties is determined as a culprit and the amount the claimant receives is not increased by the employers fault or employees carelessness
  • However the employee loses their right to workers compensation if the injury results from his/ her intoxication from alcohol or drugs or the intent to injure self.
  • Workers compensation is specially designed to ensure that employees who are disabled or injured on the job are eliminated with the need for litigation by providing fixed monetary awards. Also they provide benefits to dependents of those employees who are killed because of work related illnesses and accidents.
  • Some laws also protect employers and workers by limiting the amount an injured worker can recover from an employer and by eliminating the liability of coworkers in most accidents.
  • Federal statutes are limited only to federal employees or workers employed in some aspect of interstate commerce.

Few laws under workers compensation act:

  • Federal employment liability act(FELA): it provides that rail roads committed in interstate commerce are responsible for injuries to their workers if they have been negligent.
  • Merchant marine act provides sea men with the protection from worker negligence as FELA provides to rail road workers.
  • The federal employment compensation act: It provides compensation for federal and non military employees. It acts covers expenses due tot disability and may require the worker to undergo job retraining. A disabled employee receives two thirds of his/ her monthly salary and may receive more amount for permanent physical injuries.
  • Black lung benefits act provides compensation for miners suffering from black lung. This act requires liable mine operators for disability payments and also establishes fund by the secretary of labor.
  • The long shore and harbor workers compensation act provides compensation to employees of private maritime employers.

The above article gives information about employment law and workers compensation act.
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Difference Between DUI and DWI

DUI stands for driving under the influence and DWI stands for driving while intoxicated. DUI is driving under the influence of substances even though they are legal. DWI is driving a vehicle after consumption of alcohol and blood alcoholic concentration is 0.08% or more.

Both DUI and DWI are illegal act of driving a vehicle while impaired by alcohol or drugs. Some states consider both DUI and DWI as same but there are differences between DUI and DWI, such as:

Based on age
There is a difference between DUI and DWI based on the age. Driving under influence is reserved for minors under age of 21 years. If a minor is arrested for drunk driving he or she may be charged for driving under influence (DUI).

Driving while intoxicated is directed for adults. If an adult driving a vehicle while drinking, he or she may be charged for driving while intoxicated (DWI).

Based on blood alcohol content
Another difference between DUI and DWI is based on the concentration of alcoholic content in blood. An individual can be charged with driving under influence (DUI), if blood alcoholic content is maximum of 0.08%.

An individual can be charged with driving while intoxicated (DWI), if the blood alcoholic content is minimum of 0.08% and maximum blood alcohol content. This can be measured by performing tests like blowing air out from mouth, blood samples.

Based on the influence of drugs
Driving under influence is due to the influence of drugs like opium even though they are legal. Driving while intoxicated is the driving which is influenced by the alcohol consumption with the concentration of alcohol in blood with more than 0.08%.

Based on punishments and penalty
The main difference between these two depend on the severity of punishment. Although the penalty and punishment depends on the environmental conditions surrounding the conviction and individual criminal record, driving under influence (DUI) has less penalty than driving while intoxicated (DWI).

Penalties include jail time, suspension of license. In both the conditions, the license will be suspended but much shorter time in case of DUI compared to DWI. In case of DUI, license will be suspended for less than 60 days whereas in DWI, license will be suspended for 60-180 days depends on the severity of the condition.
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Child Labor and Youth Employment Laws

The children and youth employees due to their age and being new to the industry are often exploited by the employers in form of less payments of wages and subjective them to harsh work environment that is not suitable to them. The Federal government under the aegis of Wage and Hour Department (WHD) aims at protecting the interests and welfare of the minors and young employees with the help of child labor and youth employment laws. While child labor laws were framed to ensure that the right of education of the minors remains safe and they are not subjected to harsh work environments, youth employment laws ensure that he is not exploited for being new to the job and not under paid.

Child labor laws
To safeguard the right to education of the minors and to protect them from the hazardous work conditions, the Federal government provides certain guidelines to the employers in form of Child Labor laws.

Under the law, it is illegal to employ a minor under 12 years of age. Hence if a kid is below 12 years of age,you simply can not hire him. Minors between 12 and 16 years of age can be employed only for a limited number of hours in some limited occupations that are allowed to hire child employees. Those who are between 16 and 18 years of age can be employed for without any restrictions for work hours but only in jobs which are not hazardous in nature. A number of exceptions and clauses exist for these laws and one needs a good understanding of the laws. Sometimes when state child labor laws also apply in addition to the Federal laws. In such cases. The State laws end up being more strict.

Youth employment
Laws are very strict and clear regarding the youth employment. Posters should be displayed at a place where people come for seeking employment. Posters should be accessible to them. Employees below 20 years of age are entitled for a minimum wage of $4.25 per hour for the first 90 calendar days of the employment. If the employee reaches 20 years of age before the 90 days of employment, regular minimum wage of $7.25 per hour is applicable to him.

Youth employers or existing employers can not be subjected to polygraph tests by their employers under Employee Polygraph Protection Act (EPPA). The polygraph tests can not be used for employment purposes. It can be used under typical cases of situations like theft. Some employers like security and armored car services can use polygraph tests for hiring purposes on their employees. But in any case, the tests have to be administered by an expert and the results of the tests can not be demanded by the employer.

This way the WHD has assured maximum protection to the child rights to the child labors safeguarding their interests and their right to education protecting them from hazardous work environment. When coming to the youth employment, the Federal agency has not done any less. Minimum wage of $4.25 per hour has been earmarked for them for a period of 90 consecutive days of the employment till the age of 20 years.
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Child Support Considerations During Divorce and Help from Lawyer

It is necessary for the parents to give their kids child support in all the ways when they are into divorce and it is the right of the child to get the support from the parents in their early stages. The guidelines of child support varies in across states and countries. However, there are some general considerations by the court and the ways that lawyer can help the child in getting the child support.

The court not only considers the income of the men, sometimes it also considers the income of the women if she is working and makes her also responsible for giving child support to their kid. It is one of the legal duties of the parents to fulfill the needs and the considerations of the child support. If you think that your child needs support from the spouse then, you should get a child support agreement.

For this, you need to hire a well experienced lawyer in that particular area to deal with the issue and with his/her help, you can get the child support agreement from the court. The lawyer may help you in all the ways from explaining you the considerations until the end of the case. Following are some considerations by the court of law, which are common for many states.

Considerations
Income of the parents: When you approach the court for the child support, the first thing they consider is the income of the parents – it can be the father or sometimes the mother, if she is getting working.

Estimated child costs: Once the income of the parent is calculated, they will move for estimating the costs of the child in education, health care, marriage, etc.

Individual needs of the child: Apart from the maintenance costs the court also estimates the individual needs of the child by asking the child what he/she is expecting from their parents and where the child is interested to live – either with the mother or the father.

Period of time child gets the support: Along with all the above, it also calculates the estimated period of giving support to the child from their parents. Usually, the period or the limit will be until they get jobs or get married. It also depends on whether the child is a girl or a boy and varies from state to state.

How the lawyer can help in getting child custody or support?

  • The child support lawyer will help you to navigate through various types of situations that you may come across in this case.
  • You attorney will guarantee and makes sure that the parents income is from proper source or not. Because the court will consider this at the time of proceedings.
  • Helps you in calculating the net income and it is very crucial. If you make any mistakes in this you may have to face problems.
  • If it is too late in getting the orders or agreement, they will help you in enforcing the child support order for your kid as soon as possible.

These are only a few things that we have listed out. However, they’re very important and need to know before you approach for child support.
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Differences between DUI & DWI and Penalties by Law

DUI/DWI
Driving under influence (DUI) or Driving while intoxicated (DWI) is the same, which refers to driving the motor vehicles while impaired by alcohol or other substances, which are illegal. In some states this both are interchangeable. They are given different weight in different countries and use opposite acronym.

DUI and DWI are related to not only alcohol but also illegal narcotics, prescription medicine and any other substance that may affect driving.

Differences between DUI and DWI:
Even though they both have same sounding, DUI is lesser charge than the DWI because it is treated as less intoxication as determined by the blood alcohol content (BAC). DUI has less degree of damage than the DWI. Here the differences will be in the seriousness of penalties other than that there is no change in the meaning. The definition and repercussions of DUI and or DWI charge vary based on the state and the country.

In both cases, blood alcohol limit should be 0.08% for impaired drives age 0f 21 years older and in some states, 0.05% is illegal. The drivers impaired under the age of 21 years will either have 0.02% BAC or no BAC in some states which are zero tolerance.

Penalties for DUI and DWI:
The penalties vary by offense and by state. The penalties stated will have lesser degree of impact for DUI than for DWI. This may include the following:

  • Jail time
  • Fines
  • License suspension
  • Community service
  • Education programs, etc.

Some states may call them as DUI penalties and some as DWI penalties. The degree of impact of penalties varies for both.

Apart from this there are also some other serious consequences of DUI or DWI. If the person who is drunk and driving the car injures a person or becomes the reason for the persons death then he/she will be sentenced to punishments like several years of prison and if they drive the vehicle with more than 0.08% influence this also results in long sentence to prison.

In some states DUI or DWI itself a big crime and will be considered as big crime even though the person does not harm anyone.

Even when the person is guilty in what he/she did, the punishment will be same if the BAC is 0.08% and more. Therefore, people with DUI or DWI should know this so that you can avoid the penalties and punishments given by law or else take the help of lawyer who can help you to get rid of the punishment given by law.