Posts tagged with "legal"

Why you should speak to a lawyer following a personal injury 

Personal injury claims may relate to any injury where the person or company responsible for your physical or mental suffering could have reasonably done more to prevent the injury. There are many different ways this can come about, whether it be a slip in the workplace or a car accident that wasn’t your fault (find a car accident lawyer in the city of Chicago if you have been affected). Let’s look at why you should speak to a lawyer following a personal injury. 

The legal system is complicated

Beginning a claim for personal injury compensation is not as straightforward as you might think. The process is, in fact, multifaceted. For example, the outcome of any claim will be based on evidence – where there is little or no evidence, the courts may not see fit to reward compensation. This means that starting any case begins with gathering relevant evidence. Next, the case must be filed in the appropriate way with the courts, and the other side must be informed of your intention to prosecute. If you don’t have an in-depth understanding of the legal system, speak to a lawyer for more information about beginning a claim for personal injury compensation.

Claims move faster when there is structure

All too often, people believe that their claim for personal injury compensation will, sort of, just, take care of itself, as long as they make their situation known to the person or company responsible for having caused the injury. Unfortunately, you may find that the person or company responsible for having caused your injury is slow to progress your grievance towards a mutually agreeable solution. In essence, you could find that following an initial interest in your well-being, their interest begins to wane, and you could face unanswered emails and unreturned calls. By speaking to a personal injury lawyer, you will be in a position to understand the structure of the claims process, meaning you will be able to stop relying on the other side to do the right thing and you will instead be able to put in motion a meaningful progression towards the outcome you desire.

Challenge the other side’s valuation of your claim

Some people may not realise that when an offer is made by the other side, the quoted settlement figure is not necessarily the final figure that must be accepted. The whole point in the offer is to bring the case to a close, thus avoiding court and therefore keeping costs down (the majority of personal injury compensation claims do not progress to court for this reason). By speaking to a personal injury lawyer who has experience in your type of claim, you stand to learn more about what kind of settlement offer represents a fair valuation of your claim and what kind of settlement offers fall short of bringing your claim to a close.

Lawyers have a greater understanding of what to include in your claim

Your personal injury compensation claim is not limited to claiming for obvious things such as lost earnings and damage to personal property. By speaking to a lawyer, you could learn that, depending on your circumstances, your claim could include factors such as ongoing and future medical bills. Always speak to a lawyer for more information if you are unsure.    

Employee Employment Rights in California

As an employer and employee, there are certain rights and laws that you should familiarize yourself with since these laws impact current, former, and future employees of a company. A lot of lawsuits that companies find themselves wrapped up in involve simple disputes that could have been avoided had everyone known and followed the laws. Both sides need to know the laws when it comes to employee rights and they are constantly changing and evolving to make it better for everyone involved. When employee rights are intentionally violated, one should seek out an employment lawyer

What Are Some of the Biggest Employee Employment Rights in California?

One of the biggest sections of the employee employment rights in the state of California has to do with discrimination. While discrimination is illegal at both the state and federal level, there’s still discrimination happening all over. Even though the Civil Rights Act of 1964 made discrimination illegal, it’s still a huge problem for companies as the rights evolve for certain groups.

  • It’s illegal for a company to discriminate against someone due to their gender or sex. A job applicant cannot be treated unfairly due to their gender identity. In California, this includes the transgender community. Both men and women also should be paid equally for equal work which was mandated in the Equal Pay Act.
  • You cannot be discriminated against for your nationality, race, and religion due to laws established by the Equal Employment Opportunity Commission. The Civil Rights Act of 1965 makes it federally illegal for an employer to discriminate against anyone for these characteristics. An employer cannot hire, fire, discipline, demote, harass, or refuse to hire someone based on race, religion, color, or national origin.
  • An employee also has rights when it comes to disabilities and the Americans with Disabilities Act protects employees with those issues. Employers cannot discriminate against someone with a disability, which includes hiring, not hiring, firing, demoting, or reassigning someone. Reasonable accommodations are expected to be given by the employer, such as more breaks if the person is diabetic and needs medication or needs food. If the person is in a wheelchair, proper parking spaces and accommodations must be made free of charge to that employee.
  • It’s also illegal for an employer to discriminate based on age due to the Age Discrimination in Employment Act. An employer cannot fire or refuse to hire someone due to them being over the age of 40. It’s illegal for any company to fire older employees just to bring in younger ones at much lower pay.

California Wage & Hour Employee Rights

It’s important to note that in California, the wage and hour laws are only applicable to those that are non-exempt. Meaning, if you’re not a full-time employee or you’re an independent contractor, the overtime and meal break laws will not apply. Exempt employees often include those in administrative, professional, and executive roles.

  • Employers are required to pay an employee the minimum wage which changes quite often. By the year 2022, California will make it required that companies provide a $15 an hour minimum wage.
  • You also have the right to receive overtime pay if you work more than 40 hours in one week or more than 8 hours in one day. An employer cannot try to get around these rules by demanding an employee work off the clock. If there are more than 12 hours of work in a day, then the employer has to pay double time.
  • Meal breaks must be given if an employee works for more than five hours in one day and the meal break must be 30 minutes or more. If an employee works over 10 hours in one day, then they will also get an additional meal break of 30 minutes. Rest periods are a right for all employees as well. It’s a right that those within the non-exempt category get at least one 10-minute break every four hours.

Termination & At-Will Laws

California law is that most employees work in an “at-will” category, meaning that an employee can fire you at any time for any reason. The employer doesn’t have to justify the firing but it cannot be termination based on retaliation or discrimination. An example of this would be if someone was fired after they filed a sexual harassment complaint against a co-worker. Being fired for filing that complaint would be illegal. If there was discrimination or retaliation at play in the firing, a wrongful termination lawsuit would be justified. For overtime and unpaid wages, consult with an unpaid and overtime lawyer.

Copyright Modernization Forum

By Ellis Brachman

On Thursday, July 16, at 10 am ET, the Library of Congress Office of the Chief Information Officer and the U.S. Copyright Office will host a virtual public forum on Copyright Office IT modernization. The purpose of Copyright Office IT modernization is to ensure that the creative community and other copyright users have a nimble, state-of-the-art, and efficient IT system at their service. This forum will be an opportunity to share information and receive feedback from stakeholders and the public on current Copyright Office IT modernization progress and future milestones. Acting Register of Copyrights Maria Strong and the Library’s Chief Information Officer Bernard A. Barton, Jr. will lead the event, providing an overview of the new Enterprise Copyright System that is being developed and the technical, user experience design, and IT security approach guiding this joint effort.

The forum will include demonstrations of the Recordation and Online Public Record applications that are in testing and pilot phases and an early look at planning for the Registration and Licensing applications, which will begin development soon. The forum will close with an opportunity for participants to ask questions of the Acting Register, CIO, and other presenters about the IT modernization effort. For more information about Copyright Office IT modernization, visit copyright.gov/copyright-modernization/.

The virtual public forum is free and open to the public, and participants must register to participate. Request ADA accommodations five business days in advance at (202) 707-6362 or ADA@loc.gov.

The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office.

NYC, Vaughn Lowery, 360 MAGAZINE

Road Safety Tips Every Truck Driver Should Know

Long-distance truck driving can be a great job, but it can also be very dangerous. Every year, there are over 500,000 accidents involving trucks on American roads. More than 10% of all traffic accidents in the US involve a trucking accident. Driving long haul can be very, very physically and mentally and a moment’s lapse in concentration can have fatal consequences. 5,000 trucking accidents each year lead to death so it is so important to take every measure necessary to drive safely. 

This article lays out four road safety tips that every truck driver should know.

1. Do Not Drive If You are Tired

Long haul driving is extremely extraneous and tiredness is one of the main contributing factors in traffic accidents. If a driver is tired they may momentarily lose concentration or even fall asleep, both of which can lead to a crash. Being overly exhausted and staring for hours at the road can even lead to hallucinations which can cause a driver to make a mistake. Over 70,000 accidents a year come as a result of drowsy driving and these lead to more than 800 deaths. The expert attorneys at http://www.kraftlaw.com/, who represent drivers in all kinds of accidents, told us that it is vital for long-distance truck drivers to ensure that they have plenty of sleep before doing a long drive or an accident can easily occur for which they may be culpable. Whether you are a long-distance truck driver or a parent on the way home for a school run, your legal case will be significantly weakened if you were found to be overly tired when involved in a crash. Many truck drivers consume large quantities of caffeine or other stimulants to stay awake and alert, but these can distort judgment and affect reaction times so being well rested before the trip is a much safer method. 

2. Make Sure Your Truck is Fully Operational

A huge number of traffic accidents are caused by a mechanical failure and so it is vital to make sure that your truck is fully operational and that the brakes, lights, and other important safety features are all working perfectly. It is far better to check your truck before the trip rather than having to stop and find somewhere to make repairs. Not only may you not be able to find a place that can do the necessary repairs, but even if you do, the delay will put you behind schedule. This may cause you to speed which will increase your chance of an accident. Not only should you personally check your truck each time, but all commercial trucks should be regularly serviced by professional mechanics to make sure that they are up to road standards. 

3. Rest Every Few Hours

As well as getting lots of sleep before the journey, take regular rest stops along the way. This gives you a chance to recharge your batteries and to switch off mentally for a little while. Maintaining the concentration levels necessary to do a long drive is incredibly taxing so regular rests are very important to make sure that you don’t lose focus. Plan these stops on your route before you head off to break the journey up into manageable chunks. Budget the stops into your predicted driving time and make the most of each one. Whether you are stopping for a bite to eat, for a cigarette, or a nap, make sure that you are fully refreshed before you set off again. Meal times are a great time for rest stops and if you are driving a route you know well, you probably already have your favorite eateries to stop off at on the journey. Take your time and you will be well-rested and ready to continue.

4. Don’t Exceed the Speed Limit

Make sure you plan the journey well and give yourself enough time so that you can take those important rest stops and don’t have to speed. More than 50% of crashes are caused by speeding or careless driving and it can be so tempting to exceed the speed limit when you are falling behind schedule. When you are planning your route, assume there will be heavy traffic, roadblocks, or other obstacles and take them into account when estimating your journey time.

Long-distance truck driving can be a fantastic way to see the country and to spend some time with your thoughts. To make sure that you finish your journey safely, it is vitally important to follow all appropriate safety measures. Being well-rested, making sure your truck is working properly, and planning your route and time carefully are all key to safe long-distance truck driving. Take these tips into account next time you are planning a long haul journey.

CBDistillery

CBDistillery was founded in 2015 by two Colorado natives. The legacy brand of Balanced Health Botanicals (BHB), CBDistillery was born with the mission to bring the highest quality, fairly priced CBD to the masses. CBDistillery is now one of the nations’ largest and fastest growing retailers of hemp-derived CBD products in the world, reporting $41.3 million for 2018 (450% growth YoY). Today, BHB owns and operated some of the largest manufacturing operations and brands, including CBDistillery, in the hemp-derived CBD market. Through vertical integration, BHB is uniquely positioned to control the entire process from seed-to-sale. BHB is known for its high-quality consumer-focused products and best-in-class manufacturing processes.

In a recent segment, co-hosts and lifestyle expert Lifestyle expert, Milly Almodovar gave viewers a breakdown of CBD and the different products available in the market.

CBD Guide

Gummies
Products
Oils
Capsules

TPS Holders Sue Trump Administration

Six adults with Temporary Protected Status (TPS) and two U.S. citizen children of TPS holders filed a class-action lawsuit today seeking to stop the unlawful termination of TPS for over 100,000 TPS holders from Honduras and Nepal and prevent the separation of tens of thousands of U.S. citizen children from their TPS-holder parents. The suit was filed in the United States District Court for the Northern District of California. Plaintiffs are represented by the ACLU Foundation of Southern California and ACLU Foundation of Northern California in the release, Asian Americans Advancing Justice-Asian Law Caucus, Asian Americans Advancing Justice-Los Angeles, the National Day Laborer Organizing Network, and Sidley Austin. [Read the filing here]

In October of 2018, the Court enjoined the termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador, finding substantial evidence that the terminations were motivated by racism and violated the Administrative Procedure Act. Plaintiffs in Bhattarai v. Nielsen allege that the terminations of TPS for Honduras and Nepal suffer from the same legal flaws and should be set aside. Plaintiffs also allege that the terminations are unconstitutional because they require the U.S. citizen children of TPS holders to choose between their country and their family.

Plaintiff Keshav Raj Bhattarai, a member of Adhikaar and Nepali TPS holder shares, “I am proud to be a part of this lawsuit, for all the other Nepali TPS holders like me. With TPS I have been able to build a new life here with my family and I have a found a stable job. When I see so many people’s lives at risk in losing TPS, I am troubled to see that this country would harm its hardworking workers and people. I wish to continue working to support this country, and also continue supporting the rebuilding of Nepal, which is still recovering from the earthquake.”

The complaint filed today alleges that, in terminating TPS for Honduras and Nepal, political appointees in the Department of Homeland Security deliberately ignored recommendations from U.S. Ambassadors and evidence of conditions on the ground. Instead, they predetermined that TPS must be terminated to further the President’s “America First” policy, which seeks to exclude non-white, non-European immigrants. The complaint recites a litany of racist statements made by President Trump in reference to Latin American and South Asian countries and immigrants, including referring to immigrants as snakes and animals, mispronouncing Nepal as “nipple,” and faking an Indian accent in imitation of Indian Prime Minster Narendra Modi.

Plaintiff Donaldo Posadas Caceres, a member of the Painters’ Union (IUPAT DC21) with TPS from Honduras explains, “I’m taking part in this lawsuit not just for myself and my daughter but for everyone who would be hurt by our TPS being taken away. Forcing our children to choose between the life they have here or a country they don’t know is unfair. Sending all of us to danger and instability is unjust. I’m proud to have been a union painter for two decades in this country and it does not feel right to see all of that just cut away.”

Jessica Bansal, NDLON’s Co-Legal Director, said: “The Trump Administration is illegally trying to gut the humanitarian TPS program, but TPS holders are fighting back. They have already won a temporary reprieve for hundreds of thousands of TPS holders. With today’s filing, they seek to protect tens of thousands more.”

Plaintiffs in the lawsuit are members of diverse organizations fighting to defend TPS in the courts and in Congress, including Adhikaar, the International Union of Painters and Allied Trades (IUPAT), AND the National TPS Alliance.

Jenny Zhao, Staff Attorney at Advancing Justice – Asian Law Caucus, said: “The Trump Administration’s plan to end TPS for Honduras and Nepal must be stopped before it causes immeasurable harm to TPS holders, their families, and their communities.”

Minju Cho, Staff Attorney at Asian Americans Advancing Justice – Los Angeles said: “TPS holders are valued members of our communities. They are parents to tens and thousands of U.S. citizen children. TPS is vital to people’s ability to work and provide for themselves and their families. We are proud to stand alongside these communities in their fight against the Trump administration’s unconstitutional attempt to take TPS away.”

Ahilan Arulanantham, Senior Counsel at the ACLU of Southern California, said: “We are proud to represent these courageous U.S. citizen children and their parents who held Temporary Protected Status before the Trump Administration unlawfully stripped it away. They ask only that our government respect their due process rights. We hope the Court will uphold the rule of law and grant them the protection they deserve.”

HOW TO TRAVEL WITH A VAPE AND NOT BREAK THE LAW

What does your usual day look like?

The most common script is that you wake up, take a shower, have your breakfast and leave for work. The other option is lying in bed until midday and enjoying your distanced work from home. However, it does not matter, which obligations you have, but it is important, which habits you have. If you have any of all possible unhealthy habits, it may be difficult for you to travel with family during your holidays or to go on business trips.

Today we would talk about possibilities to travel if your habit is vaping. If you are a long-termed vaper and cannot imagine your working day without using best vape pen (Vapingdaily gives helpful hints), you might be surprised when you would have to leave your device at home during traveling abroad. These prohibitions depend on the destination country laws, the rules of traveling adapted by your airline company and also on the type of device you use and the substance you vape. For example, even the best vape pen for weed regarding safety and security must be left at home, because in the country (or state), you travel to, marijuana or other substances are illicit.

It also happens that you have to leave your vape at home because of strict rules of airlines, but then you can buy new vape pens in any vape shop at your destination country (or state).

What are the rules of taking vaping devices to the plane?

The most evident rule is that you can never vape while being on the plane during your flight, but usually, you can bring your vaping device in the plane. The important point here is that it should not be in the checked bag, because all the batteries must be in special storage in the pressurized cabin. Some airlines may have additional peculiarities about carrying some types of e-cig or vaporizer pen. The policies of different airlines may vary, so read the policies carefully before you purchase the ticket. This may save your money and help to avoid conflicts or other possible unpleasant situations.

The other question is about e liquids and vapor juice for your pen vaporizer. You know that any airlines have limits to the amount of any liquid that you can take along with you. To minimize possible problems try to put the liquid into a special plastic container to facilitate the screening process. Do not forget that the dosage of allowed liquid may vary depending on the company.

What countries you would better fly without vaping devices and why?

The short list of countries, where using vape pen may turn sour, is:

Thailand

Singapore

Brunei

Taiwan

Vietnam

Philippines

Lebanon

India

To exemplify, a traveler caught with pen vaporizer can get sentenced up to 10 years behind bars. Lebanon, India, Vietnam and some other countries impose harsh penalties on those, who vape. Vaping is strictly banned there.

The fact is that we know very little about laws on vaping in our country, not to say about the countries we have never been to. There is plenty of either country, where vaping is illegal, and you can get a fine, or being put into prison. So find a couple of minutes to google the legislation of the country of your destination.

In 2011 not only the process of vaping is banned, but also essential, transferring, selling or buying of even those vape pens, which contain no nicotine was banned in Argentina. If you have a trip to this country, better leave you vape at home. To continue the theme of South America, the production and sales of electronic cigarettes are illegal in Brazil since 2014.

One of the most popular countries for holidays is Egypt. Electronic cigarettes are banned there for already four years. Border patrol agent can commandeer your device at customs.

Talking about Asia, you would have to pay from $300 to $500 if you use any type of vaporizer pen in the areas, where smoking is forbidden, since 2010 in Brunei. To talk business, the government does not regulate the ability of personal use of vape pens, but people advise not to take your device to this country. One cannot be too careful.

In Singapore, the fines are much higher. The first offense will cost you about $4000 or more. In Cambodia, the government banned vaping in 2014. In India, though e-cigs are forbidden only in six states (Maharashtra, Karnataka, Kerala, Punjab, Jammu, and Kashmir). In some of these states, police can force you to pay a fine, but in some, they can get you into prison as well. Some states in Malaysia also have particular bans on vaping. It is illegal in public buildings, gas stations, etc. The fine might rich $2000, or you can get into prison for up to 2 years. In Jordan, any type of e-cig (even those, which contain no nicotine) is under a ban since 2009.

As for Europe, you cannot transfer, sell or purchase any of the products, which contain nicotine in Norway. The only exception is a medical note, which proves that you need an e-cig to give up smoking. On the contrary, the Netherlands are famous for the ability to smoke anything. They sell weed in cakes, as cigs, and in many other forms. Therefore, this is the country, where you can use drugs, surely, if you stick to the dosages allowed.

As a conclusion, we have pointed out several tips for traveling with vapes. They are:

Demount your vaporizer pen before the trip. You have to put different parts of it into some plastic bags or something because not all the constituents are allowed to be taken in the checked bag. This means you would better clean them, not to make your clothes dirty or sticky. Be sure to browse flawless vape shop for pens which don’t leak.

Check how much of e-liquid you can take according to the policy of your airlines. It is better to use several bottles because one can be broken or spilled during the flight or inspections at the airport.

Check the expiry date of all the substances you need and check if you put your charger with you. Also, it is better to google the location of vape shops in the area of your hotel.

You must pack all the batteries into special packs. This rule is extremely strict-followed in all the airline’s companies.

Check the laws of the country you travel to once again. It is better to read more than to spend two years in an Asian prison.

About the author:

Christina Matthews, the journalist who studies the latest news in the health industry. Now she studies the effects of smoking and vaping on health and reasons for such its popularity.

It also happens that you have to leave your vape at home because of strict rules of airlines, but then you can buy new vape pens in any vape shop at your destination country (or state). If you decide to travel to Canada we recommend 180Smoke.ca.

OXYGEN’S SNAPPED x AILEEN WUORNOS

America’s first female serial killer, Aileen Wuornos, captivated the nation’s attention when she was found guilty for brutally murdering six men, and confessing to a seventh between November 1989 to November 1990. In the two-hour “Snapped: Notorious – Aileen Wuornos,” premiering Sunday, March 25th at 6pm ET/PT, Oxygen Media takes a closer look at the turbulent trial that was the first of its kind. Was Aileen Wournos afforded a just trial, or did the media frenzy cause unfair bias among the jury? For a sneak peek, please visit here.

Aileen Wuornos was a self-professed “highway prostitute” who rose to infamy when she was arrested for the deaths of several men in central Florida. Aileen ultimately confessed to the killings as self-defense, but the jury unanimously convicted her on six counts of first degree murder and sentenced her to death. The special will uncover everything from the complexities of the case to the biased media reports. Through new interviews with those closest to Aileen and her trial, the special will delve deeper into two vastly different perspectives – was she the cold-blooded killer the country made her out to be? Or was she an abuse victim that was forced to protect herself?

Tribute to The Honorable George P. Shultz

Joined by nearly 250 guests at the historic Old U.S. Mint, the California Historical Society, the state’s official non-profit organization dedicated to preserving and promoting the history of the Golden State, hosted a Gala dinner celebrating The Honorable George P. Shultz on January 11, 2018.

“Secretary Shultz has had a distinguished career serving five presidents, holding four key Cabinet positions, and overseeing some of the nation’s most historic, pivotal moments,” said Dr. Anthea Hartig, Executive Director of the California Historical Society, “Dr. Shultz is a man of integrity, leadership, and loyalty – a true statesman who has dedicated his life to serving our nation and advancing important causes.  His wide-ranging and long-standing contributions have been acknowledged with a truly remarkable array of awards and honorary degrees, their very variety a testimony to the rich diversity of his contributions.”

The black-tie event took place on the 263rd birthday of Alexander Hamilton, the first U.S. Treasury Secretary. In 1972, as America’s 62nd Treasury Secretary, George Shultz helped save the 1874 Old U.S. Mint – now a National Historical Landmark – from sale and destruction, ensuring the powerful legacy of the Treasury in the western United States.

A distinguished group of leaders in business, education, government, and philanthropy came together to plan and support the Gala in celebrating one of California’s and the Nation’s true civic legends, in one of the West’s most significant historic buildings.

The Honorary co-chairs for the event were Mr. Stephen D. Bechtel, Jr., Governor Edmund G. Brown, Jr., the Honorable Dr. Condoleezza Rice, and Mrs. Charlotte Mailliard Shultz. The Chair of the Host Committee was CHS Trustee Linda Elliott.

Trump’s Christmas Gift To America

TAX REFORM BECOMES LAW DELIVERING ON PROMISES FOR WORKERS TO KEEP MORE OF THEIR HARD-EARNED MONEY

Businesses Already Putting Real Money in Workers’ Pockets 

WASHINGTON, D.C. — Celebrating the signing of the Tax Cuts and Jobs Act into law by President Trump, Independent Women’s Forum Senior Policy Analyst Patrice Onwuka offered the statement below:

“Today’s signing of the tax legislation is a win for President Trump, but ultimately more so for American workers and families. It’s been more than 30 years since we’ve had meaningful reforms to our tax code. Now, new generations will experience the blessings and prosperity of policies that accelerate economic growth, creating jobs, raising wages and spurring innovation.

“This bill delivers on promises to allow workers to keep more of their hard-earned money, makes American businesses more competitive, and simplifies our tax code. Businesses are already responding by making new investments, giving workers generous bonuses, and announcing new hiring.

“Our economy is showing signs of strength, but these reforms will lead to stronger markets, higher wages, and better-paying opportunities for Americans. It will be a happy holiday season indeed.”