923 FAQs where found , 30 in this page
The label independent contractor should not interfere with whether or not you receive overtime pay. However, the relationship you have with your boss and the nature of your job functions do matter. A qualified and knowledgeable attorney in overtime law can advice you in this type of situation. Learn More
Since January 1st, 2014 the Florida minimum hourly wage is $ 7.93. For tipped employees, the minimum paid in cash wages is $ 4.91 an hour. Learn More
The law is on your side under the FLSA and there are severe penalties for employers who retaliate against employees for unpaid wages claim. Learn More
If your workplace does not have any guidelines established in relation to overtime pay, this could be an indication that your employer does not pay you and your colleagues fairly. This could be intentional or by mistake, depending on whether they are familiar with the law or not. If you feel you have not been paid correctly, you should contact an attorney to discuss your case and get the compensation you deserve for your time worked. Learn More
The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check on time. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work. Learn More
Eligible employees working over 40 hours per week should get 1.5 times their regular hourly rate for any extra hours. In order to determine if you are eligible for overtime pay you can meet with one of our attorneys specializing in employment law at Gallardo Law Firm. If state and federal employment laws that regulate overtime are enforced, you could be entitled to certain protections under the law. The Population Division of the Department of Labor is responsible for enforcing laws that regulate overtime pay. In addition, some states have their own overtime law. If for any reason you are not protected under federal law, then you need to contact the state agency responsible for wage and hour violations. Learn More
The first thing you should do is keep track of your hours and any expenses that are a result of not receiving your check. The next step would be to speak to your employer to find out why this is happening. This way you can determine if this was just the result of a processing or banking error, or if it is the case that your employer has no intention of paying for the hours you worked. Many times employers and banks will cover any incidental expenses you had as a result of the delay. Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights. The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work. Learn More
The federal minimum wage is $ 7.25 per hour. All remaining states have a minimum that is higher than the federal; Florida is one of these states. If you find yourself in this situation where your employer is not complying with the minimum wage, you should contact the agency in your state which handles wage and hour violations of labor rules or consult a lawyer who specializes in these types of cases to determine whether taking legal action is necessary. Learn More
Depending on what type of work you do, the answer could be no. Federal law requires that if an employer is to deduct any missing cash from your wages, the discount must be such that it cannot make your salary fall below the minimum wage or in any way reduce compensation for your overtime hours. For example, in the case of an employee who is subject to the legal minimum wage of $ 7.25 an hour and is paid an hourly wage of $ 5.15, the employer cannot make any deductions from wages of the employee to replace the missing box register. However, if the employee earns more than minimum wage, so that deducting the missing amount does not affect the minimum wage, the employer is entitled to deduct the missing cash from your paycheck. Learn More
The Federal Fair Labor Standards Act does not require your employer to pay for any bonuses; therefore you do not have any rights under this law. However, that does not mean you are unprotected; you may have a contractual right to receive your earned bonus. If you have contractual rights and had a clear agreement with your employer about bonuses, then you can write a letter notifying that you have not been paid for your agreed bonuses. If your employer is still refusing to pay, you can try to claim the bonuses in small claims court if it is a small amount of money or get the help of an employment attorney and start the process in small claims court of your state for higher amounts. Learn More
The federal Fair Labor Standards Act does not require the payment of commissions, thus employees cannot assert their right to receive a commission. That does not mean you are totally unprotected, if you did not receive the commission you earned working, you may have a contractual right to receive commissions you earned. Learn More
Whenever a company goes bankrupt, its employees can claim their earned wages and/or commissions. If your wage claim is for $4,000.00 or less and is for a period of 90 days before the bankruptcy filing, you might be eligible for priority. This means that your claim can be paid before other claims. This would include your salary, any commissions, vacation pay, severance, and sick leave. However, if you are claiming more than $4,000.00 in wages/commissions and are not within the 90 day period, you would not be eligible for a priority claim. If it is the case that you continue to work for the company after it filed bankruptcy, you should check with the bankruptcy court to make sure they have approved wage payments in the amount of your salary. Many times the process will require employers to pay reduced wages or even deny payment to all employees until the final distribution of assets has been completed by the court. If you find yourself in this situation where your employer filed for bankruptcy and you have not received your payments or are worried that you may not receive them in the future, we recommend that you speak to an attorney who specializes in employment law. This process can become very complicated and requires special attention. Also it is important that you receive the legal aid before the required deadlines in order to assert your right to a priority wage claim. Learn More
Wage theft is when an employer pays less or does not pay any wages to its workers. This usually happens with low income workers. Learn More
There are certain situations that occur which are clear examples of wage theft including employers who do not pay overtime, who force employees to work outside of their regular working hours, pay employees less than the minimum wage established by law, or make unlawful deductions on the employee's paycheck. There are some questions you should be asking yourself if you believe you may be a wage theft victim, such as: Are you working over 40 hours and still do not get paid overtime? Is your employer wrongly classifying you as an independent contractor? Do you get paid less than the minimum even though you do not earn tips? Learn More
Surgical complications and errors can have serious medical consequences such as paralysis, amputation of the wrong body part, injury to the intestine, birth Injuries, deformation and disfigurement, loss of sensation, brain damage, and death. Learn More
This is a question that every patient should ask before agreeing to surgery. However, a surgical mistake or medical error lawyer in Miami Florida will investigate and observe both the training and experience of the surgeon, although it is assumed that surgeons should be highly trained, qualified and experienced. This is an important clue as risks associated with surgery are much higher with an inexperienced surgeon. Learn More
No, there are no guarantees made of medical results. Sometimes unexpected complications occur, and they are not considered malpractice. Besides, patients usually sign a consent form explaining about complications and possible outcomes, including bleeding and infection. Learn More
The fact that there was a bad outcome from medical treatment does not mean that the doctor is guilty of malpractice. For any medical malpractice case to be successful, a patient must prove that the adverse outcome was due to the negligence of the doctor. If the doctor was not negligent, then there is no case of medical negligence, regardless of poor treatment outcome. You should consult a qualified medical malpractice attorney. Provide the attorney with the medical records so he or she can have an expert review and then decide if there was indeed a medical carelessness. Learn More
There are three essential elements to be proven in a medical malpractice case. First, when the physician did not follow the medical standards for health care. Second, when there was negligence or wrongdoing and affected the patient directly. Third, the damages should be shown. Failure to prove the three elements will result in having the case closed. Learn More
Depending on the different elements the cases usually take from 1 year to 3 years. Learn More
Attorney's fees for malpractice cases can be costly, depending on the nature of your case. Attorneys generally do not expect the clients to pay for their cases. They will deduct the charges from the settlement. In the event there is no recovery from the prosecution, the attorney will not receive any payment from the client. Learn More
Medical Malpractice happens when a healthcare professional like a physician, nurse, health technician and others cause injuries or death to a patient due to improper or negligent care. Learn More
Among them, we can mention lack of diagnosis or erroneous diagnosis, prescription error, surgical errors, abuse in the nursing home, OB-GYN mistakes and others. Learn More
Medical malpractice does not occur automatically because the patient has an adverse outcome. In most cases, complications are not considered negligence. Most of the difficult situations are included in the consent form. Learn More
A consent form does not free the physician of the responsibility of having been negligent in performing a medical procedure. That excludes exceptional emergency situations where the patient signs a consent form indicating the doctor explained the description of the problem, treatment, and associated risks; and the patient has the chance to ask questions before agreeing to the procedure. The fact that the patient signs consent does not override the right to sue the healthcare professional if the standard of care has not been performed. Learn More
Cases usually take from 1 to 3 years. It all depends on many factors such as the number of individuals, entities, or experts involved, schedule and commitment, level of investigation needed, among others. After the trial, if the defeated party decides to appeal the case, the verdict will be prolonged. Learn More
There is no guarantee from the medical results. Malpractice doesn’t happen because the patient suffered a bad outcome. Complications may cause undesirable results, but they are not generally considered to be malpractice. Most complications are in the consent form, and these comprise bleeding and infection. Learn More
A consent form doesn’t release the doctor who committed the negligence from liability. Except in emergency situations, patients always sign a form that states that they understand the procedure to be performed, the risks involved, and they had the opportunity to ask questions before consenting to the treatment. This consent form doesn’t waive the right the patient has to bring a medical malpractice claim. Learn More
Have your case reviewed by a specialist in medical malpractice. Often cases are lost because they are not in the hands of a lawyer, thousands of lawsuits have stopped processing because they are made by lawyers who are not specialists in medical negligence and not knowing about these procedures make a mistake giving as a result a loss of the case. Learn More
You need to look for medical attention for your child first. Then, contact a medical malpractice expert attorney that will follow the steps to determine if your suspicions are real. They will evaluate your case and give you advice in how to proceed. Learn More