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How does a worker in Midland prove they were not paid overtime?

March 29, 2021/0 Comments/in Legal News /by brian

Midland, TX – Certain types of evidence are crucial for an unpaid overtime claim. As with any type of legal action, the plaintiff needs to prove their case through the use of evidence that meets the relevant burden of proof if they want to be given overtime that was never paid. Legal assistance from an experienced labor attorney is crucial to any kind of employment or wage claim, as this is a complex area of the law. 

Which workers are eligible for overtime?

Proving the worker’s status and eligibility for overtime is a threshold issue that must be addressed. Many employers illegally tell their workers that they are exempt and not eligible for overtime pay based on the type of employee that they are. However, in most cases employees are entitled to overtime unless they are certain types of executives, administrators, or sales representatives. Independent contractors are not considered actual employees of a company, and they are not generally eligible for overtime either. 

Records of hours and pay

All workplaces are required by law to keep some kind of records of each employee’s hours and pay statements. These should be available for examination and copies can be given to the worker for the purposes of their claim. If these documents are not available for some reason, there may be security logs or computer records, surveillance from management, or the employee’s own records and testimony which prove that they actually were working at the time. Many times there is also a supervisor or manager that works hours which coincide directly with those who work beneath them. Testimony from customers or other coworkers can also be used to show that a worker stayed late on certain days, or did so regularly as part of their standard job duties. 

Improper calculations by the employer

There may be situations where any employer has all of the right records of times that an employee worked, but did not pay them overtime for hours in excess of forty within a week. In these situations, it can be simple for anyone reviewing the records to determine that the additional hours should have been paid at an overtime rate. In more egregious cases, there may be evidence that someone working in payroll or human resources actually subtracted time from a worker’s timesheets so that they would not need to be paid completely or paid overtime hours. In some cases this may be purposely done so that it appears there is no legitimate reason to give the worker overtime. 

Assistance from a local employment lawyer

Unpaid wages and overtime, sexual harassment, discrimination, and many other workplace problems can result in legal action. Moore and Associates is an experienced firm that helps workers with these kinds of issues in Midland, Texas. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

https://onlinelawyernetwork.com/wp-content/uploads/2021/03/photodune-3418100-terms-of-employment-xs.jpg 365 548 brian https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png brian2021-03-29 20:13:522021-03-29 20:13:52How does a worker in Midland prove they were not paid overtime?
Stanley Law Helps Injured Workers in New York Navigate the Legal System to Obtain Compensation

Stanley Law Helps Injured Workers in New York Navigate the Legal System to Obtain Compensation

March 25, 2021/0 Comments/in Legal News /by jennifer

There are many risks associated with working in the construction industry. Workers who are required to perform jobs at elevated heights are at risk of falling and suffering serious and even fatal injuries and those who must work underground or around heavy machinery could fall victim to unstable ground or defective equipment. As dangerous as the construction industry is to work in, many individuals put their health and lives on the line to get the jobs they are hired to do done.

Unfortunately, when an accident occurs on a construction site and a worker gets hurt, it is often unclear to them what their rights are particularly because New York State’s construction and labor laws are so complex. Thankfully, there are Syracuse, NY workers’ compensation lawyers who can help an injured construction worker understand the laws that can be used to protect them and potentially help them recover compensation.

 

Stanley Law is Here to Help Injured Construction Workers Understand Their Right to Compensation

 

As confusing as New York State’s construction and labor laws may be, injured construction workers need to get informed on the different types of benefits and damages they may be entitled to receive. Those who suffer injuries in a construction site accident in New York State may be able to obtain benefits by:

  1. Filing a worker’s compensation claim.
  2. Filing a lawsuit against a job site owner, general contractor, or other third-party.

 

Types of Workers’ Compensation Benefits an Injured Worker May Be Entitled To

 

Most construction workers who suffer injuries on the job can obtain medical and wage replacement benefits. Workers who obtain care by an authorized physician can generally get all of their care paid for. If a worker misses more than seven days of work due to their injuries and their physician has concluded that their injury prevents them from working, they should then be entitled to collect a portion of their regular wages for a certain period of time.

Although workers’ compensation benefits should be provided to most construction workers who suffer an on-the-job injury, not all are able to access these benefits, whether it is because their employer doesn’t want to provide them or because they are told their position prohibits them from receiving them.

While this can be true in certain situations, it is best for an individual to consult with a Syracuse, NY workers’ compensation attorney to find out if the information they are being provided with is accurate.

 

Suing Over a Construction Accident in Syracuse, NY

 

Construction workers may also be entitled to recover compensation by filing a personal injury lawsuit against certain parties such as a job site owner or general contractor if either party’s negligence played a role in causing the incident to occur. For instance, if a job site owner failed to warn workers of potential hazards and allowed work to be performed, they could be held financially liable for any accidents that occur.

 

Stanley Law is Here to Help Injured Workers Recover the Compensation They Are Due

 

If an injured construction worker in Syracuse is having a hard time understanding what benefits they are eligible to receive or if they have a right to take legal action against a third-party, Stanley Law is here to help them. Stanley Law does provide free consultations so an injured worker is given the opportunity to speak with a legal professional before making any commitments.

 

Stanley Law can be contacted at any of their office locations listed down below:

 

Syracuse Office

215 Burnet Avenue

Syracuse, NY 13203

Phone: 1-800-608-3333

Website: www.stanleylawoffices.com

 

Binghamton Office

84 Court St, Ste 414

Binghamton, NY 13901

 

Watertown Office

200 Washington St, Ste 407A

Watertown, NY 13601

 

Rochester Office

510 Clinton Square Ste 521

Rochester, NY 14604

 

Montrose Office

22 Public Ave

Montrose, PA 18801

https://onlinelawyernetwork.com/wp-content/uploads/2021/03/photodune-15465626-injured-worker-xs.jpg 365 548 jennifer https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png jennifer2021-03-25 22:16:582021-03-25 22:16:58Stanley Law Helps Injured Workers in New York Navigate the Legal System to Obtain Compensation
Florida Labor Laws Business Owners in Orlando Need to be Aware Of

Florida Labor Laws Business Owners in Orlando Need to be Aware Of

December 22, 2020/0 Comments/in Legal News /by jennifer

There are several federal employment laws business owners in Orlando, FL must be in compliance with that can help them avoid workplace issues and litigation. A few of the laws, which are disused down below, generally apply to most business owners, however, if someone is unsure as to whether they are required to comply with one, they can always seek legal advice from an Orlando, FL business law attorney at Legal Counsel, P.A.

 

  • Workers’ compensation laws. Most employers in Florida are required to purchase and make available to their employees, workers’ compensation insurance. Employees should have access to this coverage when they suffer an on-the-job injury or an occupational disease and should be provided with medical and cash benefits given they qualify to receive them.

 

  • Provide employees with a safe workplace. The Occupational Safety and Health Act (OSHA) requires employers to provide their employees with a safe environment to work in. Employers are expected to try and “eliminate or reduce hazards first” by making the necessary changes in their workplace. Additionally, if a safety or health problem arises, it is an employer’s duty to correct it.

 

  • Minimum wage laws. Florida’s current minimum wage is set at $8.56 although it is expected to gradually increase over the next few years. Each year, employers in the State of Florida must be sure they are staying current with Florida’s minimum wage laws to ensure they are paying their employees the correct amount in wages.

 

  • Rest breaks. Most states, including Florida, do not require employers to provide employees with paid meal breaks and rest breaks. However, when it comes to minors, the laws apply differently, and business owners need to be sure that if they intend of having minors work for them or already do, that they are complying with the law.

 

  • Discrimination laws. Because the law prohibits employers from discriminating against employees, all employers must be sure they have an effective plan in place that promotes a friendly environment and one that is free from discrimination.

 

If a business owner in Orlando, FL needs help understanding what state and federal employment laws they are required to abide by, they can always contact Legal Counsel P.A. to discuss this with an Orlando business law attorney. Running a business is time-consuming and challenging and sometimes, this can cause certain things to get overlooked. But, if a business owner wants to hire employees or already has some working for them, they need to be sure their business is compliant with all Florida laws that are applicable to them.

In the event a new or established business owner would like to have a business law lawyer in Orlando, FL review their workplace practices, procedures, etc. to ensure they are complying with all Florida’s employment laws, they are encouraged to contact Legal Counsel P.A.

 

Legal Counsel P.A. is located at:

 

189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]

https://onlinelawyernetwork.com/wp-content/uploads/2020/12/photodune-8758855-labor-law-on-red-billboard-xs.jpg 346 577 jennifer https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png jennifer2020-12-22 22:33:562020-12-22 22:33:56Florida Labor Laws Business Owners in Orlando Need to be Aware Of

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