Equal Pay Act Addresses Sex-based Discrimination

Learn moreMoney isn’t everything, but when it comes to compensation for work it matters a great deal. When sex-based discrimination rears its ugly head in the workplace, the hardest hit are the pocketbooks of its victims. This issue of inequality was the basis for the Equal Pay Act of 1963 (EPA).

Women and other groups who have historically experienced inequality in pay are the primary beneficiaries of theEPA. The law mandates that all employees in the same company, regardless of gender, should be given the same compensation if they are doing essentially the same job. The job titles may differ, but the basis for comparison is the job description. For example, if employee A is called a sales coordinator and employee B is called a customer liaison, but they both solicit orders from prospective clients, then they essentially do the same work and should be given the same compensation.

The EPA covers not only salary but other types of monetary compensation as well. These include bonuses, stock options, life insurance, overtime pay, representation allowances, profit sharing, vacation and holiday pay, and other benefits. If there is a substantial discrepancy between two employees doing the same work, the employer may increase the pay of one to match the other, but may not reduce compensation of either employee in any way.

Sex-based discrimination may manifest itself in the workplace in a number of ways, but compensation is something that is clearly documented and can be checked. If there is any sex-based discrimination when it comes to pay, it is typically easy to prove.

Any violation of the EPA may be directly filed with the court by the concerned party; there is no need to first file with the Equal Employment Opportunity Commission (EEOC). In general, workplace discrimination claims must first go through either the EEOC or the state commission (which in New York is the New York City Commission on Human Rights) before a claim can be made in court.

A case under the EPA, as well as for Title VII of the Civil Rights Act of 1964 (Title VII), which also protects people against sex-based discrimination, must be filed in civil court within two years from the time of the alleged violation. A claimant under the EPA may also file a case under Title VII at the same time. An experienced sex-based discrimination lawyer can determine the pros and cons of this.

If you have experienced discrimination because of your sex, make sure to contact a lawyer as soon as possible. You shouldn’t have to suffer through the complexities of the law alone.

Trucking Accidents and Wrongful Death

Trucking accidents are a serious concern for motorists. Every day, drivers across the country share the road with large commercial trucks. The problem is that the size and power that these vehicles can have make the risk of an accident occurring a serious concern. Unlike other types of automobile accidents, those involving large trucks frequently have the potential to cause permanent injury or death.

The impact that a loved one’s death from a truck accident can have on a family can be devastating, particularly if the deceased played an important role in helping to financially support his or her loved ones. The costs of any medical treatment which may have been sought, as well as funeral expenses and the loss of income which the individual may have provided, can all take a serious toll on the well-being, both emotional and otherwise, of the survivors.

It is for this reason that many families take legal action in an attempt to recover compensation for the wrongful death of a loved one. A case from Texas, for example, in which a driver was struck and killed by a truck attempting to make a dangerous return to the road after having been forced off by another vehicle, illustrates how families can seek justice for this type of tragic loss.

Daniel Rhodes was killed in 2011 following a collision with a truck carrying dangerous explosive materials. His family was represented by the lawyer Jim Hart, working for the law firm Williams Kherkher, who argued that with proper training, the driver never would have attempted such a dangerous maneuver. As a result, the family was awarded $11 million in damages by the jury overseeing the case, illustrating the degree to which families may be able to recover compensation for the costs that their loss can have.

Dining in The Woodlands, Texas

The food scene in Houston has been taking on the spotlight, lately. With its diverse culture and increasing sophistication, the Houston food scene has started to develop its kind of unique taste and flavor. According to John T. Edge, renowned author and food enthusiast, Houston’s food is special because of its “connectivity between ethnic… and white table cloth restaurants, a connectivity that is both respectful and consultative”. The diversity of food is not only centered on Houston though, because 32 miles up, The Woodlands have their own contribution and variety of Houston flavor.

Just as with Houston, The Woodlands offers a selection of food choices, all depending on what you want to eat at the moment. From European cuisine to exotic Asian dishes, you will surely find what you are craving for in this quite little community. Visiting it without tasting the numerous restaurants and cafés would be such a waste of a trip. Aside from the fast food and familiar restaurants and diners that you find all over the United States, The Woodlands is also booming with a fast-growing fusion of flavors as diversity-driven entrepreneurs take advantage of the thriving community.

Along with the expansions and developments going on in The Woodlands, it has also opened up to a multitude of restaurants. Among the more familiar ones are the “Mi Cocina” located at The Woodlands Waterway, where diners can enjoy an array of enchiladas and tacos but not before sampling the classing house margarita. If you are yearning for Chinese food, then you can head on out to “Ace Chinese Restaurant” for some classic Chinese cuisine. “The Black Walnut Café” is also a great option for early birds who want to have their own made-to-order kolaches along with the classic stacks of pancakes. For those looking for the taste of the South, “Jasper’s” would be a good place to go, elegantly served food where you won’t be shy to get your face messy from enjoying the food.

There are a number of other options for your appetite. Whether you are craving for a juicy steak or seeking pizza to eat with your friends, the options seem limitless at The Woodlands. As the booming food scene in Houston sweeps the country, The Woodlands is not far behind.

Types of Child Custody: Which is the Best for Your Child?

There are four child custody types from which spouses can choose:

Legal custody – courts in some states sometimes decide on awarding this type of custody to both parents. Legal custody gives the custodial parent(s) the right and responsibility to decide on matters concerning the child’s growth and basic needs, like education, religious upbringing, and health care. In joint legal custody or when the right to decide is given to both parents, both spouses are given the right to provide input about this issue and to have a say in the ultimate decision.

Physical custody – this type of custody gives the custodial parent the right to live with his or her child/ children, while the other parent is typically awarded visitation rights. In the event that the divorced parents live near one another and the child / children spend considerable amounts of time with both of them, then the court may allow joint physical custody instead.

Sole custody – though many courts are now veering away from entrusting a child to only one parent and increasing the role played by fathers in a child’s life after divorce, sole custody would still be the decision if one parent is judged to be unfit due to dependency on drugs or alcohol, neglect or abuse of the child, mental incapacity, or an unfit new partner.

Joint custody – this type of custody has various forms:

  • joint physical custody;
  • joint legal custody; and
  • joint legal and physical custody

Divorced couples who are awarded joint physical custody also usually enjoy joint legal custody, but not vice-versa. Though joint custody allows the parents continuous involvement in the child’s life, which is highly beneficial to the child, it also has some disadvantages. You should consult with a qualified legal professional to learn more about these issues.

Legal Assistance on International Divorce Needs

Today’s technology allows many people to go wherever they want to live or to get in touch with people in any part of the world. Whether for work or leisure, going to foreign lands has never been so easy as it is today and, wherever people go, relationships may be entered into, relationships that sometimes lead to marriage.

Many of these marriages, unfortunately, do not last forever. This can create particularly acute problems, as the different parties to the marriage may live in countries with radically different legal systems, making international divorce much more complicated than it would typically be. For this reason, international divorce lawyers can be of invaluable assistance to those in this situation.

These lawyers are well trained in laws governing international marriage, divorce, and divorce-related issues; they are also well-versed in cultural and international marriage agreements, such as the Hague Conventions on marriage and divorce. The Hague Convention on the Celebration and Recognition of the Validity of Marriages, which was enacted on May 1, 1991, requires all contracting (member) states to recognize as legal any marriage entered into in any contracting state.

Prior to this, though, was the Hague Convention on the Recognition of Divorces and Legal Separations that was convened in June of 1970 and which took effect on August 25, 1975, which obliges other contracting states to recognize divorces or legal separations obtained in another contracting state. Certain exceptions are stipulated, though, such as not having to recognize the divorce applied for if the spouses were citizens of a country where divorce was not legal. There are various other exceptions which your lawyer can help you understand.

Thus if you need assistance with any issue concerning international laws pertaining to divorce, remember that there are highly-qualified legal [rpfessionals always ready to give you the help you need.

IRS Accused of Discriminately Targeting Conservative Groups

The Internal Revenue Service, the agency responsible for collecting taxes and enforcing tax laws, is facing intense scrutiny after it was revealed that it has been unfairly targeting audits and investigations at conservative groups.

IRS controversyThe issue comes from certain kinds of groups who can apply for tax-exempt status. Many of these groups are allowed to hide their donor lists and are used to raise money for politicians, meaning an individual can use them to contribute more money to an election campaign than normally allowed by law. The IRS’s goal was to do something to fight this practice.

However, it faltered because its investigations targeted primarily conservative Tea Party organizations, potentially having an effect on election results and shaking national confidence in how tax laws are enforced.

Two high-ranking IRS officials have resigned because of this scandal and congressional hearings are being held to get to the bottom of what happened. One of the main focal points will be finding exactly whose idea it was to target conservative groups.

Women Face Pregnancy Discrimination Despite Federal Protections

After being laid off, a woman has filed a lawsuit against her former employer claiming her firing was unfair and discriminatory. The suit alleges that she was fired not because of downsizing, but as retaliation for taking maternity leave twice in as many years.

The Family and Medical Leave Act guarantees women unpaid maternity leave and further state protections in New Hampshire allow women to return to their position (or a sufficiently similar one) when that leave ends. The woman in the suit took maternity leave in 2009 after receiving a good performance review months before. Shortly after she put in the request for maternity leave for her second pregnancy in early 2011, her performance review score fell dramatically under the reasoning that she had become unreliable. pregnancy discrimination

The Equal Employment Opportunity Commission reports that pregnancy discrimination cases have risen over the past 15 years nationwide. This presents a clear problem that needs creative solutions that are mutually beneficial and fair to families and employers.

Despite all of the laws in place designed to protect people from discrimination, it continues to be a prevalent problem across the nation.

Nursing Home Sexual Abuse

Click here for more infoNursing homes are meant to be places in which elderly individuals are given the care and medical attention they need in order to remain in good health. For many families, the difficult decision to place an individual in a nursing home is eased by the fact that they know their loved ones will get the best cares possible in these circumstances.

Unfortunately, not all nursing care facilities give this standard of care to their residents. In fact, nursing home abuse is a serious problem in the United States. The victims of nursing home abuse can suffer from serious physical and psychological problems, and they may develop serious health conditions as a result. This can be particularly threatening to elderly individuals, who are not well conditioned to handle this type of physical damage.

One of the most devastating types of abuse which nursing home residents might be the victims of is sexual abuse. While most people cannot bring themselves to consider this possibility as a risk that their loved ones may face in a nursing home, the reality is that nursing home sexual abuse has become a serious issue among elderly individuals in the United States.

Sexual abuse in nursing homes can occur in several ways. The most common form of nursing home sexual abuse is abuse perpetrated by other residents. In these circumstances, nursing home staff and management are accountable because they failed to provide the security which they should have for their residents.

Sexual abuse can also occur in a nursing home at the hands of the staff themselves. Because nursing home residents are often extremely vulnerable, both from a physical and emotional standpoint, it is easy for unscrupulous individuals to commit this type of horrific abuse against the residents of a nursing home, and in many cases, it can be difficult for family members to recognize the signs that their loved ones have suffered this type of abuse. When cases like nursing home abuse occur, there are legal options victims and their loves ones can pursue. One option is to seek professional assistance from an injury lawyer that has experience in handling sensitive cases dealing with negligence or abuse in the nursing home.

Mass Litigation is Not Always the Best Option for a Pradaxa Lawsuit

Pradaxa manufacturer Boehringer Ingelheim may soon be facing the lawyers representing over 1,000 product liability claims in multidistrict litigation proceedings to be held in Southern Illinois. However, not all cases benefit equally under mass litigation.

While mass litigation is ultimately more effective than individual lawsuits, it is also dehumanizing. With so many cases before the dock, it is inevitable that many of the plaintiffs get sidelined unless their cases have a more dramatic (because more horrific) impact in trial. More often than not, individual plaintiffs in mass litigation are reduced to a case number, and even the lawyers have a hard time remembering their names.

A Pradaxa lawsuit, like any case where a drug is involved, is highly personal. Each case is different, and while some have more severe reactions than others, the degree of impact on each person will vary. For example, if both Paul and Peter suffer from internal bleeding as a result of taking Pradaxa, the impact on Paul’s life, who is a construction worker, is much greater than Peter who is an office worker. It is still possible for Peter to work, while Paul will most likely have to stop. In mass litigation, the finer points of a case can be overlooked or ignored because there are simply too many cases that need to be considered. In all probability, Peter and Paul will receive the same compensation although Paul actually suffered more.

Mass litigation is useful for all concerned because it brings to the fore the breadth and width of a particular problem, such as the health risks posed by Pradaxa. Individual cases that will come in the wake of a successful (for the plaintiffs) mass litigation will most probably go more smoothly because a precedent has been set. There is truly strength in numbers. But for the individual plaintiff, a more personal approach to a Pradaxa lawsuit will ensure that the representation is thorough and comprehensive. If you or someone you know intends to file a Pradaxa lawsuit, consult with a Pradaxa lawyer in your area first before considering signing up for mass litigation.

Proposed Bill to Purge Discrimination Based on Sexual Orientation

While many states have laws that prohibit discrimination based on sexual orientation, the majority of them, as well as the federal government, have no such law. While many would argue that the Civil Rights Act applies to situations where gay and lesbian individuals are discriminated against, but the law only protects from discrimination based on factors such as race, gender, and religion.

discrimination based on sexual orientationThere are hundreds of documented studies where gays and lesbians have been discriminated against at work based on their sexual orientation.

Legislation is being introduced in both the Senate and House to combat this discrimination. Many corporations already have protections of their own in place, but a federal law would help improve the situation.

This bill should have very little problem gaining support in Congress as the overall public opinion becomes increasingly gay-friendly.