Federal

Judge Charles Burns Provides a Brief Insight Into The Three Tiers Of The United States Federal Courts

Throughout the years, Congress has made multiple changes to the federal judicial system of the United States. However, the three-tiered structure of the system is quite clear-cut today. According to Judge Charles Burns, federal cases ideally start at the lowest federal level, which is the district (or trial) court. Losing parties may subsequently appeal their case to the higher courts—first to the circuit courts, or U.S. courts of appeals, and then, if selected by the justices, to the U.S. Supreme Court. Continue reading “Judge Charles Burns Provides a Brief Insight Into The Three Tiers Of The United States Federal Courts”

Employment Law

Charles Spinelli Speaks On Employment Law and its Legal Compliance That Concerns Employers

Legal compliance for employment refers to the legal framework inside which business enterprises must operate and treat their employees. Employers must adhere to a series of federal as well as state laws and regulations covering recruitment, hiring, compensation, safety and health, performance appraisal, and on on. According to Charles Spinelli – violation of legal compliance in the area of employment or workplace-related matters can attract fines, hefty penalties, and lawsuits and thereby impact the reputation and growth of a business severely. This is why knowing about those laws and regulations and compliance with them is vital to avoid those consequences. In this blog, the personality focused on some of the most noteworthy employment laws:

Wrongful Termination

Although, employment in the US is mostly offered on ‘ at will’ terms – enabling employers to terminate an employee without showing any reason at any time,  such firing will be treated as ‘wrongful termination’ as per federal law if it involves any illegal reason. Wrongful dismissal takes place if it involves discrimination, violation of employment contracts, harassment, retaliation, violation of public policy, constructive dismissal, whistleblowing, etc.

Discrimination and Harassment 

Employment discrimination happens when an employee is treated unjustly than other employees in the process of employment-linked decisions such as hiring, firing, compensation, promotion, training, and so on. Employers should go through the regulations of the Equal Employment Opportunity Commission (EEOC) and state laws and ensure to comply with them with diligence. Discrimination in any form in job-related decisions may occur because the employee belongs to a different race, religion, color, sexual orientation, national origin, disability, including pregnancy, aging (40 years or older), etc.

Workers’ Compensation

Most employers in the US are responsible by Federal and State laws to purchase worker’s compensation insurance for their employees. The law is aimed to provide healthcare alongside cash benefits in the form of salary replacement to workers who become victims of work-related injury or diseases.

Minimum Wage, Hour, And Overtime Law

The Fair Labor Standards Act instructs employers to pay the minimum wage to their employees. The federal minimum wage rate is $7.25 / hour while employers who are under state law need to pay their employers the minimum wage as per that state’s rule. Workers should work 40 hours per week, while for the excess hour they work should be paid overtime. Unless exempt, allowing overtime is also obligatory for workers.

Overtime Pay

All non-exempt employees who receive ‘wages’ and not ‘salary’ are eligible to receive overtime pay as per the Fair Labor Standards Act. The overtime pay should be calculated for every hour over 40 hours a workweek and to be paid one and one half or 1½ times their hourly wage

Any kind of job misclassification, which is a common trick of many employers, and classifying workers as exempt employees or independent contractor is punishable by law says Charles Spinelli. If any worker believes he/she is deprived of their minimum wage or legitimate overtime pay is suggested to report directly to the Department of Labor or sue their employers with legal assistance.

Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (FMLA) is enacted by the Department of Labor and the act allows eligible employees 12 weeks of unpaid leaves for personal medical reasons or care for their family in 12 months.

Apart from the above, employers should maintain workplace safety as per the Occupational Safety and Health Administration Act, Social Security, Americans with Disability Act, and others

property lawyer

Launching Your Brand: Important Things To Consider

Let’s say that you have already filed your trademark with your intellectual property lawyer and you are now ready to realize the true potentials of your brand. In addition to ensuring your products are of great quality and that you have unique selling points, the next thing you need to think about is how to effectively market your brand and your products. Regardless of whether this particular industry has been extremely encouraging, the variable of directing a successful mission to convince buyers most bombing business visionaries are confounded of especially while building a dependable brand. This is where the extraordinary selling extent (USP) happens. Continue reading “Launching Your Brand: Important Things To Consider”

A Houston Child Custody Lawyer to Help You

During a divorce, child custody is one of the most delicate and stressful aspects. Of course, no parent wants to hurt or disrupt their children, but child custody arrangements are an overwhelming, necessary change that a Houston child custody lawyer must endure when their parents separate. Even if your divorce proceeds smoothly, your children will probably need an adjustment period. Be aware that the courts are only concerned with the best interests of your children during custody disputes. Continue reading “A Houston Child Custody Lawyer to Help You”

Additional Benefits You Get After Hiring A Solicitor

Hiring for local conveyancing solicitors is only necessary when you are planning to buy your first house, planning to sell your house, changing ownership etcetera. The process of conveyancing mostly involves important documents and important legal transfers of your house as well as the land ownership deeds. It is possible to do the work of ownership, but it is best not to do it by you, and hire the Conveyancing Solicitors Essex. Properties are expensive, and it is quite obvious that you would not like to pay anything extra for the property. Also, you can even choose a wrong property and miss out on certain small yet important things such as parking, disputed related to land boundaries. They will make sure that you choose a legal property, and the remaining leg will be done by them. Continue reading “Additional Benefits You Get After Hiring A Solicitor”

timeshare compensation

How To Claim Your Timeshare Compensation?

Life is a tough journey. Here we all have to work hard to gain what we deserve. After all you can’t expect a price without battles right? So yes you have to fight, you have to be more cautious about your every move. Just like that you can’t expect gaining a timeshare compensation without presenting your claim right? So walking away is never the solution. Learn to face it, learn to fight it with. If you have any investment regarding timeshare and want to claim compensation we are here to help you. Here we are listing some important things that will help you to get the compensation on a timeshare that you deserve:- Continue reading “How To Claim Your Timeshare Compensation?”