Personal injury settlement calculators provide you a new method of computation for determining a settlement amount. It tells the appropriate amount that can be claimed from the damage or the loss that has happened. For this calculation of the claim, consultation with your attorney helps you to recover the legal damages caused by the civil wrong of the person who caused you the personal injury.

Personal injury settlement calculators are specifically used only for personal injury. This saves lots of time and helps you to reach a reasonable and fair personal injury settlement. It is a real time saver and a solid frame of reference is made using this calculator. It calculates the amount value and gives you a clear picture of the lump sum you might be paid for your structured settlement.

Calculations which are done by the personal injury damage calculator include factors such as medical expenses, future medical expenses, the process involved in rehabilitation, prosthetics, wages that are lost, future lost wages, pain and suffering, future pain and suffering, disability, the future disability involved, loss of quality of life, the present and the future impairment, loss of consortium, and the loss of services.

The amount involved in the personal injury is categorized in each of the above factors. A fair settlement amount is then calculated. In certain cases, if the insurance companies do not pay you the claimed amount, then one has to consult with their attorney for the recovery of the lost and the legal damages caused by the civil wrong of the defendant. It is not recommended to evaluate the personal injury without knowing the law or consulting your attorney, since in many cases the insurance companies attempt to minimize the damages by just refusing few of your legal damages.

Michigan Personal Injury Lawyer Toshiba Plasma

The other day, a client was telling me a story.  While trying to describe somebody’s personality, he said this:

“She’s the type of person that will find fault in everything you do. If you push her off the tracks just seconds before she is about to be struck by a speeding locomotive, she’ll sue you for bruising her leg and soiling her clothes.”

And that reminded me of New York’s Good Samaritan law, today’s topic.

Common Law: No Good Deed Goes Unpunished

Generally speaking, there is no duty to come to the aid of somebody that has been in an accident and in need of emergency medical assistance. However, not long ago, if you attempted to render medical assistance to somebody and botched the rescue, chances were you would be sued. Therefore, educated bystanders wouldn’t dare attempt a rescue.

Since the common law discouraged bystanders from attempting to render medical assistance to those in need, the legislature, recognizing this result was both unacceptable and undesirable, enacted in 2000 what is generally referred to as the Good Samaritan law.

Effect of the Law

New York’s Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence.

Gross Negligence

Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others.

When it Applies

The law isn’t found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law.

Importantly, New York’s Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part:

Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

Voluntary Act; No Expectation of Monetary Compensation

An important theme here is that the person act both voluntarily, and without the expectation of monetary compensation. This is significant because the protection extends to dentists (Educ. on Law §661[6]), physicians (Educ. Law §6527[2]), nurses (Educ. Law §6909[1]), physicians assistants (Educ. Law §6547) and physical therapists (Educ. Law §6737), provided they are not in a place having proper and necessary medical equipment, and are not rendering their professional or licensed services in the ordinary course of their practices.

Automated External Defibrillator (AED) and Epinephrine Auto-Injector (Epi-pen) Devices

The law is somewhat different, however, for emergency health care providers, or those persons or entities that purchase or make available Automated External Defibrillator (AED) devices, or Epinephrine Auto-Injector devices. In those cases, the emergency health care provider, person or entity, shall not be held liable for the use of that equipment if a person voluntarily and without expectation of monetary compensation renders first aid or emergency medical treatment, and shall also not be held liable for the use of defectively manufactured equipment.

However, the law expressly states it shall not limit claims against the emergency health care provider, person or entity that purchased or made available that equipment from its own negligence, gross negligence or intentional misconduct. Pub. Health Law §3000-a(2). See, also, Pub. Health Law §3000-b (Automated External Defibrillators) and Pub. Health Law §3000-c (Epinephrine Auto-Injector).

Go Ahead, Be a Hero

Once again, it is safe to play superhero, but remember to use at least ordinary care.

(NOTE: Emergency medical technicians and volunteer ambulance services are subject to more technical provisions under Pub. Health Law §3013.)

Mesothelioma Attorney Tennessee Sharp Aquos 1080p St Louis Auto Accident Lawyer

If you have had a personal injury case decided in your favor, you may receive what is termed a structural settlement. This is a settlement for personal injury damages that isn’t a lump sum payment but rather a series of payments over time.

The payments are like payments on anything else that you might be making as part of your bills, like a car payment or a house payment, but instead the liable party is paying on their settlement to the injured party, until the entire amount is paid out.

When a personal injury case is decided, there is an amount that is awarded based on damages. If you give someone a structured settlement as their award, you are compensating them for these damages but paying out over time.

The period of time for a structural settlement can vary. Generally payments are monthly, and are paid out over years. Depending on the monthly sum and the total award amount, the payout term will be shorter or longer. If you have a settlement that is very large, it may pay out over decades even.

When you get a structured settlement, it has some benefits for both sides (liable and injured parties). The injured party is assured income over time and for that period at least has a steadier financial outlook.

This covers them for future issues that may arise from the injury. At the time of settlement, you may not accurately know how long recovery can take.

On the side of the liable party, this is also a benefit. There is a tax reduction because of the structure of the payout. So the tax would be reduced across this period.

Knowing the basics of how a structured settlement works is beneficial. Ideally, it is used to ensure that the injured party receives adequate compensation for the entire time they are affected. Plus, it helps all parties involved.

Auto Insurance Qoutes

Don’t you just hate it when you see those tacky TV ads about accident lawyers? How about that obnoxious billboard you just passed on the highway showing a crashed car and someone being taken away by ambulance? Or what about those endless yellow page ads where they show a car driving off a cliff, and someone smiling in the foreground holding a nice big fat check with lots of numbers on it? It all makes you feel warm and fuzzy inside, doesn’t it?

Not. It makes me sick. Don’t get me wrong. Every lawyer in New York is permitted to advertise according to the Court rules (which were recently made stricter at the beginning of this year). However, there is something to be said for tasteful ads, and ads that are trying to sell you something.

When you’re in a car accident, the last thing you think about is finding a lawyer to sue the driver of the car that caused your accident. The first thing on your mind should be how to get better. You need to recuperate, regenerate and get your strength back. You need to worry about the important things in your life like putting food on your family’s table, and going back to work.

Well how can you go back to work if you’re still in the hospital after weeks of surgery and rehabilitation? Can you go on disability? Who will pay your medical bills? What if you don’t have medical insurance? How can you feed and clothe your family if you can’t work? These are all very important questions that often arise after a car accident.

In New York, your own car insurance will pay your medical bills- up to a maximum of $50,000. This is known as no-fault insurance. Once the details of the accident are resolved, to figure out who really caused the accident, the insurance companies settle up on their own regarding the medical expenses they had to pay.

But what about that often-heard phrase, “Pain & Suffering”? Aren’t you entitled to that as well? The answer is yes. However, in order to obtain compensation for your pain and suffering you will probably need to start a lawsuit against the owner(s) and driver(s) involved in your car accident.

How much time do you have to start a lawsuit for your injuries arising from a car accident?

In New York, you generally have only THREE (3) years from the date of the accident within which to start a lawsuit for your injuries. HOWEVER, YOU HAVE ONLY 30 DAYS FROM THE DATE OF THE ACCIDENT TO FILE A CLAIM WITH YOUR INSURANCE COMPANY TO GET THEM TO PAY FOR YOUR MEDICAL EXPENSES!

A car accident is traumatic- no question about it. Your road to recovery is the most important part of events after the accident. Whether you have a valid and meritorious case hinges on many facts that only an attorney should be evaluating. Don’t rely on good-hearted friends and family to tell you their tales of woe when they were involved in an accident years ago. You need an experienced attorney who has handled cases like yours.

You need someone who has experience in Court and isn’t afraid to go to trial if the insurance company refuses to settle for an appropriate amount of compensation. You need a lawyer who can guide you through the minefield of litigation. Hopefully, with good legal counsel you’ll be able to make the right choices that will help you recover both emotionally and monetarily.

San Diego Car Donations

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days’ end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It’s a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It’s a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60’s and 70’s, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts. With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like ‘going postal’, it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management’s failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim’s behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It’s estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management’s wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth’s homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as ‘difficult.’ His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

Sacramento Wrongful Death Attorney

I receive a lot of emails from wives who want advice on how to save their marriages and prevent divorce.  One of the more common requests is something like “Help! My husband wants to divorce me, but I don’t want to end the marriage. What can I do to change his mind?” Sometimes, the women who contact me just suspect that their husband wants out because he has been distant, acts like or says he doesn’t love them anymore, or the two have been fighting with more frequency.  Sometimes, the husband has actually said (sometimes repeatedly) that he flat out wants a divorce and is going to get one. Mainly, these wives are either looking for ways to buy some time before the husband actually files the paper work and / or they want to bring back the warmth, intimacy, and feelings of closeness that the marriage is missing.  This article will discuss some things that you should (and should not) do if you are trying to stop your husband from divorcing you or want to bring back the love and closeness in your marriage.

Don’t Do Things That Will Drive Him Further Away: It’s very important that you don’t let your worry and panic drive you to do things that would make the divorce more likely.  Many wives will try to “make” or “get” their husbands to change his mind.  They do this by nagging, or trying to make their husbands feel guilty, or by arguing and debating. 

Sometimes, they will take the opposite strategy and try to “nice” their husbands to death. They become what I like to call a “yes honey” wife.  Anything he wants has to be A – OK with you – because the power of the relationship has shifted.  Since he wants the divorce, he’s the one who’s calling all the shots and you’re just the one who’s going along for the ride.  But, how much is he really going to respect you if you act this way?  You can’t have a truly solid and reciprocal marriage if you’re not both on equal footing.

In short, neither of these tactics are successful for the long term health of your marriage. They will only make your husband feel more distant from you, really.  Just for a second, think honestly about how these things or tactics are really going to turn out.  Do you really think that, after you’ve been communicating to your husband why he is wrong, selfish, or mistaken, that he’s going to turn to you and say “You know what? You’re right.  I’ve just changed my mind.”  Of course he’s not. Instead, he’s going to tune you out and carry on just to prove you wrong. So, what should you do instead?

Tell Him He’s Right (Before You Think This Is Crazy Advice, Read On): When I say that you should agree with your husband or tell him that he’s right, I don’t mean that you should agree to a divorce.  I would never advice you to do that.  Always be clear that you love your husband very much and value your marriage above everything else.  But, your main goal in the beginning of this process should be to validate your husband’s feelings.  As your husband’s wife, doesn’t his happiness matter greatly to you?  Of course it does.  You need to communicate this to your husband.  You should look him right in the eye (and hold his hand if he will let you) and agree that you too have felt a troubling distance in the marriage and you agree that things are not as good as they should be between you.  Tell your husband that his happiness and the relationship between you is very important and that, no matter what, you want to preserve the good feelings between you and will be working on this from this moment forward.

If you play your cards right here, this conversation should help to ease some of the tension.  Your husband may not believe you at first but he will probably be very relieved that you’re going to tone down the debate, disagreements, mind changing tactics or fighting.  Hopefully, he will realize that he no longer has to avoid you or block you out.

Always Be Mindful Of The Woman And Wife You Are Presenting To Your Husband: One exercise that I find really helpful in encouraging your husband to change his mind about a divorce is that you actually step into your husband’s mind and line of sight. What I mean by this is that you look at yourself through his eyes.  Now, I know you may be thinking this is silly and pointless, but please bear with me. 

For one full day, I’d like you to see your actions, appearance, and attitude through your husband’s eyes.  And, don’t change how you act to skew the results.  Act how you typically would on any regular day. When I did this exercise, I was shocked at what I saw. I saw a tired, preoccupied woman who rolled her eyes and never touched her husband in an affectionate way FOR THE WHOLE ENTIRE DAY.  Rarely was there a smile on my face.  Never did I ask my husband about his day, his feelings, or his experiences.  Not once did I go out of my way to make things better for him, lighten his load, or even give him the encouraging smile, nod or sympathetic glance which I regularly offer to complete strangers. This was my husband here and I was treating him worse than strangers on a bus.

Yes, at this time there was a strain in my marriage and there were times when he wasn’t acting very kindly to me either, but if the truth is known, my marriage had been suffering neglect for a long time and the signs were there.  I was ignoring them and was responding with becoming a woman who I wouldn’t want to be married to either.

Two wrongs do not make a right.  Take the high ground and act like the kind, open hearted, loving women you know yourself to be - deep down – before this marriage disappointed you, before the distance happened, before any of this divorce business came to light.

Because, once upon a time, your husband loved you so much that he married you.  The woman he fell in love with is still there.  Look in the mirror and you’ll see her staring back at you.  Has the light and excitement in her eyes dulled or faded?  If so, getting her back is really up to you. Open your heart, clear your mind, and get moving!

Sharp Aquos Hdtv Samsung Lcd Leapster Explorer Pink

If you should pose the above-mentioned question to a bankruptcy law expert or attorney bankruptcy law professional, the answers might surprise you. Mostly those who have not been successful to fend off, stave or avoid bankruptcy, are looking for quick fixes. Once they realize that the blemish will be affecting their credit rating, ability to access financing, loans and other financial necessities like a check-book, savings account, bank loans, car loans, mortgages etc. they are more motivated than ever to turn a new leave, recover from this blemish in half the time, making every moment of bankruptcy recovery count, matter and making a difference, having positive impact.

Credit counseling services and debt consolidators all tote and advocate doing everything in your power to boost your credit rating, live some good habits, avoid errors and ills from before, returning to your spending and lending, financial administration, regardless of the personal bankruptcy, chapter 7 bankruptcy or business bankruptcy filing.

Bankruptcy attorney California practitioner shingles, business cards and adverts, online websites and even mega-sites, all tote and advocate very comprehensive bankruptcy services for those in desperate search of answers. Many focus on what to do every step of the way, planning, preparing, filing and even optimizing recovery strategies, phases and solutions.

Advice and input on and for home equity loan bankruptcy type instruments, remedies and hopes. Tips for securing a bankruptcy loan, filling out an application, amendment, appendices for the required bankruptcy form and documentation, for formally and legally filing bankruptcy, effectively starting the process (that could sometimes take as long as a year to wrap up) all get attention as does what to do and what not to do after filing, discharge etc. as the bankrupt regain their footing and try to claim and re-establish some freedoms, rights and privileges of lending, borrowing, access, rates etc.

Florida bankruptcy experts and markets have expanded in recent downturns in the real estate market, with increased in foreclosures. Many a Florida bankruptcy lawyer and even bankruptcy Los Angeles practitioners alike, are seeing more and more after bankruptcy challenges and recovery issues, with all this market-driven and sparked activity.

Securing a bankruptcy car loan or getting your hands on the required cash or choice, market-competitive after bankruptcy car loan rate, terms and stipulations, might prove a little more than challenging. It is hard to find those institutions willing to deal and do business with what most would consider to be a credit risk. Even something as standard as a car loan after bankruptcy, can prove to be almost impossible to get, unless you do some creative financing or are willing to pay higher rates.

The more you read this enticing title, (phrased purposely as a how to type question), invitation to the masses, suffering in the aftermath of their bankruptcy filing and recovery stages, the more you hope that there is really a way to actually do what it says!

Putting it into practice unearths numerous ways that this could be more like just a sounds-like-it-might-be-possible type teaser or hyped promise that no-one could really successfully live up to ore deliver on. Yet, there is some light at the end of the tunnel and some hope!

Bankruptcy recovery in half the time, sounds too good to be true, almost. Mockingly hollow, just empty words, not feasible, possible, realistic or legal (?). What are your thoughts? Do you think it possible? How would you go about it? Are there ways to do it effectively?

Well, it is fair to respond to this controversial statement and claim, depending on how you read and interpret it of course, with a lot of skepticism, questions and doubts. Take a closer look at what we are dealing with here, though. There are mandatory aspects of the process to take into consideration. Certain aspects of the process simply take as long as it takes. The credit reports will have this entry as part of the public records, as per law and court ruling for period of 7-10 years for example.

Recovery, how to RECOVER from bankruptcy – what do you understand that term to mean?

What is bankruptcy exactly ? What is the nature, different types of filings, implications and durations of each? How are they similar? How do they differ? How do you deal with each of them in order to facilitate and expedite the recovery phase and time-frame?

How long does it take normally or typically for credit consolidation, repair, bankruptcy recovery?

Half the time means what exactly? What is the typical recovery time frame for these types of filings (both Chapter 7 and Chapter 13, personal, business etc.)

What is your measure of creditworthiness and how can you improve it?

These are the real questions and eventually even answers that can be inferred and turned into a set of practical tips and how to’s. The secret here is to ask the right type of questions. Educate and empower yourself about how credit reporting systems work for example and how to make them count in your favor, despite a recorded bankruptcy filing entry.

Records of timely repayment will also reflect well on you – you can increase your credit score after bankruptcy – opening a checking and savings account at the local bank

Most will tell you 7-10 years that you will have to wait and live with the one mistake and aftermath of bad judgment, worsening debt/credit and declared bankruptcy on your credit reports and negatively impacted financial standing, reputation, with little or no recourse of action or retribution other than letting time pass and keeping your nose clean. That simply is not entirely the whole picture or the only truth, path and remedy.

The encouraging words from any knowledgeable bankruptcy attorney are that you can finally do something pro-active about improving your credit scores, if you will and want to.

Utilizing bankruptcy recovery and credit repair strategies that work, can save you precious time and standing, in record and no time flat! Taking the first step sooner rather than later, with immediacy and urgency is extremely important. It shows that you are proactive and serious about your finances and getting your credit back, despite for example having a chapter 7 or 13 bankruptcy on your record.

Bankruptcy does not have to be a doomsday, inevitability type death sentence. It all depends on what you understand that recovery to mean specifically. If you are trying to get your credit and standing back like what you had prior to your filing, yes, that will take time, effort and some creative doing. BUT, if you are working towards merely again getting approved for loans, having credit and credit cards at your disposal, despite declaring personal bankruptcy, then you are ready to do so quickly, even in under eight to ten months if you set your mind to it.

Negotiating for better interest rates and terms, even for non-filers of bankruptcy, can be quite possible, with a little know how, insider information, processes, protocol and maybe even some representation, where you cannot do it yourself.

Getting a strategy together quickly and in the works, to embrace life after bankruptcy for all its has to offer, is what the real key and secret is.

A bankruptcy lawyer can take you through some of the legal implications and issues pertaining to your filing, recovery, rights and freedoms. If you have failed before to avoid bankruptcy, it is not an unforgivable sin, disarming you from all responsible financial decision-making and fiscal transactions.

You can still get credit, buy a car, home, get a loan, despite what you might think and look at when faced with the realities and intricacies, dynamics and implications of the on-file declaration of bankruptcy (regardless of type, how long it has been etc.). THERE IS HOPE!

Zumba Shoes Philadelphia Asbestos Attorneys Digital

Are you a caregiver or a personal attendant who works in a private household or home? As a household worker either as a caregiver or personal attendant, are you entitled to minimum wage? Over-time pay? Other benefits?

If hired directly by an individual or family, your benefits are different from one who is hired by a private firm or agency and governed by general employment laws: applicable federal and state statutes.

A live-in employee as opposed to a live-out employee is subject to special work rules discussed below.

A caregiver or “care custodian” is defined by Section 15610.17 of the California Welfare and Institutions Code as:

“… an administrator or an employee of…public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff.”

A “personal attendant” is not entitled to overtime compensation, unless: (1.) he or she is a live-in employee; or (2.) he or she does general household work (cleaning, cooking, feeding, dressing, or supervising) that exceeds 20% of the total work time; or (3.) he or she does nurse-like duties (checking pulse, taking temperature, giving medication) more than 20% of the total work time.

In these three instances, the household worker is no longer considered a “personal attendant” and is entitled to overtime pay. Otherwise, light house keeping and cooking chores qualify as work exempt from overtime compensation.

Personal Attendant As Defined In CA IWC Wage Order 15:

Section 2(J) of the California Industrial Welfare Commission (IWC) Wage Order No. 15-2001 defines “personal attendant” as follows:

“‘Personal attendant’ includes baby sitters and means any person employed by a private householder or by any third party employer recognized in the health care industry to work in a private household, to supervise, feed or dress a child or person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of ‘personal attendant’ shall apply when no significant amount of work other than the foregoing is required.”

Indeed, the California Division of Labor Standards Enforcement (DLSE) has historically adopted the standard used in the federal regulations, 29 C.F.R. 552.6 on “companionship services,” to wit:

“…(T)he term ‘companionship services’ shall mean those services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs. Such services may include household work related to the care of the aged or infirm person such as meal preparation, bed making, washing of clothes, and other similar services. They may also include the performance of general household work: Provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked.”

Federal regulations, 29 C.F.R 552.6, supra, further clarifies that:

“The term ‘companionship services’ does not include services related to the care and protection of the aged or infirm that require and are performed by trained personnel, such as registered or practical nurse.”

Thus, the acceptable duties of a “personal attendant” involve activities of daily living such as getting in or out of bed, showering, bathing, using a toilet. A “personal attendant’s” duties of “supervising” would include assistance in obtaining medical care, preparing meals, shopping for personal items or groceries, using a telephone, even managing money.

As long as any general housekeeping duties performed do not exceed 20% of the weekly working time spent by a “personal attendant,” he or she is exempted from the protections of California Wage Order No. 15-2001 such as overtime compensation, etc., except for minimum wage. But prior to 2001, a classification as “personal attendant” also excluded minimum wage in California.

This overtime compensation exemption also applies to “personal attendants” as well as other household workers such as caregivers, spending 20% or less of their working time doing general household work, who are employed by an agency and sent to private households to work.

Benefits Of Household Workers:

A. Minimum Wage:

The state minimum wage covers all employees, including household workers (live-in employees, caregivers, and “personal attendants”) but excluding legitimate independent contractors. The current California minimum wage is $8.00 per hour since January 1, 2008, a 6.7% increase over the previous $7.50 minimum wage.

There are several factors that determine whether a person is an independent contractor or not. But the primary factor is control by the employer of the means, manner and outcome of the job. An independent contractor runs his or her own household services business, has his or her tools and materials, and controls the manner and outcome of the job.

Independent contractors are not covered by minimum wage and overtime compensation statutes.

B. Overtime Pay:

Household workers who are not live-in employees, as well as “personal attendants” who do general household work that exceeds 20% of their weekly working time, are entitled to overtime compensation, consisting of one and one half times their regular rate of pay for working more than eight (8) hours in a day, or more than (40) hours in a week.

Live-in employees must be paid one and one half times the regular rate for all hours worked over twelve (12) hours (instead of over eight (8) hours) in one work day for five (5) workdays. On the sixth and seventh day, live-in employees must be paid double the regular rate for all hours worked over (9) hours per day. See California IWC Wage Order No. 15-2001 3(A)-(B) (8 Cal Code Regs. 11150(3)(A)-(B)).

Under federal law, 29 U.S.C. 213(a)(15), “any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves” is granted exemptions from minimum wage and overtime pay.

C. Other Benefits Of Household Workers:

1. Hours And Days Of Work:

A live-in employee is entitled to at least twelve (12) consecutive hours free of duty during each workday of twenty-four (24) hours, and the total span of hours for a day of work should not exceed twelve (12) hours, except that: (a) the employee must have at least three (3) hours free of duty during the 12 hours span of work; and (b) the employee required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours must be paid one and one-half times the regular rate of pay for all such hours worked. See California IWC Wage Order No. 15-2001 3(A).

Moreover, no live-in employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency. See California IWC Wage Order No. 15-2001 3(B).

2. Rest And Meal Periods:

Household workers are entitled to a ten-minute paid rest break for every four (4) hours of work under California IWC Wage Order No. 15-2001 12(A), and a thirty-minute meal period of every five (5) hours worked, just like others kinds of employees, under California IWC Wage Order No. 15-2001 11(A).

Otherwise, the employer shall pay the employee one (1) hour of pay at regular rate for each workday that the rest period, or the meal period is not provided. See California IWC Wage Order No. 15-2001 12(B), 11(D). But “personal attendants” are not granted rest and meal periods.

3. Meal And Housing Deductions From Wages:

The employer may subtract meal and housing credits from the employee’s paycheck if: (a) the employee actually uses the meals and is provided with housing; (b) meals and housing are used as salary to comply with the minimum wage; and (c) the employee executes a voluntary, written agreement, crediting meals and housing towards minimum wage.

Meal credit may be deducted as follows: breakfast – $2.45; lunch – $3.35, and dinner – $4.50. Housing may also be credited at $31.75 per week for a room ($26.20 if shared). See California IWC Wage Order No. 15 – 2001 10(C).

In summary, whether you are a caregiver or a “personal attendant” entitled to particular wages and benefits in California or in other states depends on whether the general household work you do exceeds 20% of your total work time.

(The Author, Roman P. Mosqueda, practices wage and hour law in California.

This article is not legal advice, and no attorney-client relationship is formed with the reader. For specific labor law issues, consult a competent attorney.)

Los Angeles Dui Attorneys Hosted Call Center Criminal Defense Attorneys Los Angeles

There are quite a lot of reasons why people check for someone else’s driver’s license records. One popular reason is employment. Another reason might be a private investigator doing a comprehensive background check.

Regardless of the reason, it is nearly impossible for you to get a person’s driver’s license records unless they provide you with a written permission. However, if you have a valid reason, such as checking someone’s driving records before you employ them, then you will need to fill out a request form called the Requester Release and Affidavit of Intended Use. There are specified criteria here that you should qualify for in order for you to request for the record.

If you meet the criteria, then you will need to fill it out and send it to your local Division of Motor Vehicles office. Here are some of the criteria that you should be able to qualify for in order for you to request for someone else’s driving records.

The first is that the record should be requested by a government agency, including law enforcement agency. Another is that is should be by an agency charged with motor or driver vehicle safety insurance.

It can also be obtained by a business which will use the information to verify the accuracy of the information submitted by certain individuals to prevent fraud.

These are the things that you should remember about checking someone’s driving records. As you can see, you first need to have a valid reason and you also have to qualify for the criteria stated on the Requester Release and Affidavit of Intended Use.

Now if you need to check driving records as part of a background check, there are other ways to do so. For example, if a person has been convicted of a driving related crime, such as driving under the influence (DUI) or reckless driving, the records may be part of the public court records and would easily be obtained in a public records search.

Public record searches can be done in a variety of ways. If you knew the county the person resided in or may have committed a driving related crime in, you could visit the courthouse and search records yourself. As you can tell, this could be a tedious process, but it should not cost you anything.

A more realistic approach is to conduct an online background check. There are a number of sites which will do this for you. All you need is some information, such as the full name, address and age of the individual. you can then run a background check on the individual. This will not tell you traffic crimes, like speeding or parking violations, but it will tell you the serious stuff.

You can also hire a private investigator. He or she can probably find out the detailed stuff as well as the traffic misdemeanors. This can cost you up to $200 or so depending on the difficulty level of the search.

If you just need to check your own driver’s license records to ensure accuracy, you are legally entitled to do so. You just need to visit your local DMV for instructions. It may cost you a minimal fee.

Pedometers For Walking And Running Consolidation College

Can you do a free arrest warrant check?

If you think that you might have an arrest warrant or you want to check to see if someone else has one then you can search free arrest warrants by asking at the courthouse where the warrant was issued. If you are enquiring about your own warrants then you should have no problem getting the information. If you want to check out someone else then you might have to justify the request. There is also a simple way to find out if someone has a warrant for arrest even when you don’t know where it was issued.

Why do you want to search for arrest warrants?

The ability to check to see if you have a warrant for arrest can be very useful. You can make sure that you don’t get any surprises in the middle of the night from police calling to arrest you. If you know about your warrants before it gets to that then you can get a lawyer and hand yourself in voluntarily. You will get on much better with the court than if the cops had to drag you there.

If you are thinking of getting married, or employing someone, then it’s a very good idea to check to see if the person you are dealing with has any arrest warrants before you do something you might regret later.

Some warrants are easier to find than others

It’s quite easy to do a free arrest warrant check on yourself if you know where the warrant might have been issued. It’s just a matter of checking the court where the warrant was issued either online if they allow it or by visiting the records office in person.

It’s not so easy to find arrest warrants if the warrants were issued somewhere else. This could happen if you have had your identity stolen or you are trying to check out someone before you get too involved with them. Not all arrest warrants are available free online and visiting all the courthouses in the country isn’t very practical.

free check for arrest warrants nationally

There is no easy way to search free arrest warrants nationally but if you are prepared to make a small investment you will find that it’s very easy to check if someone has arrest warrants no matter where they were issued or who it is you’re checking out.

You can search for arrest warrants on almost anyone, anywhere in the country in less than 10 minutes. You can do this by using an online service that specialises in collecting arrest warrant information together with all kinds of background information from thousands of different sources from all over the country. All this information then goes into a huge database waiting for you to access it online.

Secured Loans Panasonic Viera 42