Legal Definition of Wage and Hour Laws

Slavery was abolished in the United States 150 years ago. Since then, other forms of indentured servitude have been wiped out by labor unions and their work with various state and federal governments.

Thanks to these laws, no one is working for less than they deserve, gaining a sense of dignity.

Dignity is a key with most workers, no matter what work they are doing. And having some rules and laws to prevent companies from taking unfair advantage of workers has served to be very protective or workers, but has also affected the economy in other ways in terms of unemployment and average wages.

Called “wage and hour laws,” these laws at the state and federal level are a series of laws that provide for minimum hourly wages, hours of work, maximum hours of work before implementation of overtime, and establishing terms of overtime pay and vacation and sick-leave compensation.

Much of what states have created are based off the federal Fair Labor Standards Act (FLSA), which set federal labor guidelines, including minimum wage, a full-time work week, overtime guidelines and establishment of overtime and paid time off.

States have their own related laws involving wages and work hours, but they cannot be more restrictive than the FLSA, though they can be more generous and minimum wages can be higher than the federal minimum but cannot be lower.

Employers are required to comply with the FLSA by keeping truthful and accurate records of wages and hours worked by employees. On occasion, however, there are lawsuits involving possible violations of these wage and hour laws, either federally or at the state level. Actually, when it comes to employment or labor law, wage and hour laws are the most common maters in courts. The most common lawsuits involving wage and hour laws include:

  • Exemptions to overtime pay. There are some positions that are considered exempt from FLSA overtime rules, but some employers may mis-classify certain positions as exempt in order to avoid paying the federally mandated 1.5 times for overtime pay. The types of jobs that can be deemed exempt are spelled out in the FLSA, and it is a federal crime to declare exemptions or jobs outside the scope of the law.
  • Another common lawsuit mater involves the distinction between actual duties performed on a job vs. the job description. The FLSA allows exemptions for jobs which have specific job duties performed, and not just what is in a job title or on paper. Some employees will sue when they are doing jobs that should be compliant with FLSA when the job title or job description is considered exempt. Any incongruity between job title and duties can be grounds for a lawsuit.
  • What is called “off the clock” work. This may involve some employers changing a standard 40-hour work week by having 10-hour days and four-day weeks. There are also examples of companies trying to say that business meetings are not part of the work day and thus are not paid hours eligible for overtime. There are also some employers who may discriminate or retaliate against employees by withholding paychecks or bonuses.

Thanks to wage and hour laws, no worker above the age of 16 can work for slave wages or less. Knowing these laws can be a great protection for employees to hold employers accountable for their compliance with the law so as to not take a few extra profits on the backs of workers who deserve fair wages and reasonable work schedules.

What Is The Legal Definition Of Not Guilty

Congratulations, you’ve been found not guilty of a crime you may or may not have committed by a judge or a jury of your peers. Everything is right with the world (or if you had committed the crime, then slightly askew). But what does that mean for you and your future? Are you safe? Can you be tried again? If you were found “not guilty” of a crime that has been committed, then that means you can’t be held accountable for the crime with which you were charged at that time or at any time in the future.

Contrary to the plot of “Double Jeopardy,” a movie released in 1999, if you are found not guilty of first degree murder, whether or not you can be retried is up for debate. Usually you’re free and clear, but the funny thing about prosecution is this: it wants to win. If you really did commit the crime, and law enforcement only figures that out after you were acquitted, then double jeopardy statutes say you can’t be retried for that same crime. What they don’t say is that the prosecuting lawyer can’t hit you with a similar charge. In the case of the movie, you’d probably get nailed with second degree murder or manslaughter. Bummer.

Then again, if the prosecution relied on evidence that you committed offenses that fall into an umbrella under first degree murder and you are found not guilty, then you are not guilty of all the offenses found in that umbrella, second degree murder and manslaughter included. You can’t be retried for any of those offenses. It really depends on the circumstances, but let’s face it: the circumstances under which you would ever need to be retried for any crime are extraordinarily rare and you probably don’t have to worry about it.

Although a defendant can appeal a judge or jury’s decision to convict with a “guilty” verdict, double jeopardy laws guarantee that the prosecution cannot do the same.

In England, double jeopardy is complicated further. Their laws say that you can be retried if two prerequisites fall into place: first, the crime must be serious (think rape or murder). Second, new evidence must be made available, and it must be compelling enough that a new trial will even be considered.

In any case, guilt or lack thereof is a complex subject. If you are accused of a crime, be sure to acquire the services of the best criminal defense attorney you can afford. If the prosecutor smells defeat, it probably doesn’t matter if you’re guilty or not. They’ll offer a plea bargain that sounds better than the alternative. Be careful.

What Is The Legal Definition of Guilty?

Proving criminal guilt is no easy task, but the burden of proof is usually on the prosecution to show that a defendant is guilty of a crime. Criminal law defines being “guilty” as having been responsible for an act that offends a law on the books. If a local, state, or federal law says you can’t steal from the little market on the corner (guess what, all of them say that), then stealing from the little market on the corner means you’re legally guilty of breaking the law.

Although this has always remained the case, law has changed markedly over time and varies by which country you reside in. For example, in the U.S. the party being prosecuted is considered innocent until proven guilty, which pushes the burden of proof towards the prosecution. In the U.K. though, the burden of proof is on the defendant in certain defamation cases. In Scotland, another verdict in addition to “guilty” and “not guilty” is “not proven.” This one is self-explanatory–the defendant’s innocence is not assumed, even though he or she is acquitted of the charges that have been levied because not enough evidence is available to discern guilt and innocence.

Many believe that laws should be self-evident, although our society seems to be getting farther and farther away from that foundation that once stood so iron-clad. This assumption was based on the similar philosophical belief that a society should be allowed to condemn the immoral actions of people who go against the wishes of the masses. If you can be condemned by your peers, then it should be obvious what you did wrong. If you can’t figure that out, then there’s a problem with the system.

The law has always struggled to find ways of resolving a person’s guilt. What are the options? In ancient times (and even in some places today), an eye for an eye seemed like the best option. If you stole, then you could lose what you own. Alternatively, your hand could be cut off in the extremest circumstances. If you murdered another, then your own life would be forfeit as well.

Nowadays, many people see things a little bit differently. Forgiveness certainly factors into some criminal proceedings. If you wronged an individual or organization, then they generally can make the decision whether or not to prosecute. Then again, if the person accused of a crime shows no remorse, he or she is more likely to feel the full weight of prosecution. Why a person committed a crime can also become a factor in the eventual punishment. There is a difference between premeditated murder and a crime of passion, as it were. Many locales also treat hate crimes differently. Then again, if you stole a piece of bread because you were hungry, the sentence might be lighter at the end of the day.

Then, there’s another important question to answer: what is the purpose of criminal prosecution? Should the result be punishment, rehabilitation, or a combination of both? Should the death penalty be on the table? Should cruel and unusual punishment be outlawed, and if so, what defines cruel and unusual punishment?

These are questions we will likely continue to struggle with in the foreseeable future.

Looking At The Legal Definition of Mental Anguish

If you’re filing a lawsuit against someone, you may want to mention mental anguish in the court documents. If you can demonstrate that you’ve suffered emotionally because of their actions, you may be entitled to a larger settlement.

With that said, it’s not enough to simply say that you have gone through mental anguish. You’ll need to make sure you meet the legal definition of the term.

Talk To Your Lawyer

You should have an attorney that is representing your case and your interests. Speak to them about the case. Ask them what you need to do if you want to claim mental anguish.

Your lawyer will be able to provide you with some advice regarding this. They will be able to tell you whether or not your claims will be taken seriously by the court.

Talk To A Mental Health Professional

If you are not seeing a therapist or a mental health professional right now, you may want to change that. If you talk to someone about this, you’ll be able to deal with the ordeal you have suffered. You will also have evidence that will help your civil case.

Learn More About Mental Anguish In Court Cases

A lot of people don’t know much about the way the courts view things like “mental anguish.” If you read up on past trials, you’ll get a better idea of what you can expect. You’ll be able to figure things out so that you can make decisions that will benefit you and your case.

If you are planning on filing a lawsuit in the future, then you are definitely going to want to look at the legal definition of mental anguish. If you understand how the law regards mental anguish, then you will be able to figure out what your options are. Learn more here:

Sex Crimes As Defined By Law

While looking into various sex crimes, these are offenses defined by law that are of a sexual nature. Some of the known sex crimes are child molestation, rape, lewd conduct, solicitation of prostitution, pandering, the possession of and/or the distribution of child pornography, a lewd act with a child, the possession of and/or the distribution of any obscene material, and various forms of penetration to the genital or anal region.

There can be any number of offenses that will fall into the category of sex crimes, but they will usually involved those that are listed above. In many instances, these sex crimes will include the illegal or coerced conduct of a sexual nature against another person. Each state has their own laws that work against various kinds of sexual crimes, including both rape and sexual assault. Along with that, every state has their own time limit, or statute of limitations, for which the victims of the crimes may be able to file a suit against their alleged offender.

Anyone who is convicted of a sexual crime, regardless of the severity, will be considered to be “sex offenders” in their respective state. They will face having to have their names put on both the state and federal registries for sexual offenders. Over the years, there have been a number of challenges on a constitutional level when it comes to the sex offender registration acts that are in place.

If you or anyone that you know has been a victim of a sex crime, it is always best to contact the authorities while looking for proper legal representation. Whether the individual is an adult or a minor, all of these crimes should be reported, not only to bring the perpetrator to justice, but also so that there will be awareness within the community that there is an individual who is committing these crimes.

Defining Catastrophic Injury in Legal Terms

A catastrophic injury has specific legal definitions. These may relate to the nature of the personal injury or the outcome that the patient is likely to expect.

Nature Vs. Outcome Of Catastrophic Injuries

Very often, this kind of injury is one to specific body parts. These might include the skull, spine, neck, or spinal cord. This definition actually comes from the American Medical Association, but it is only one subset of the way the term is often used legally.

The law defines a catastrophic injury by it’s anticipated outcome. They would cause a permanent disability that would severely change the way that the injured person might work or even live. This definition doesn’t define particular injuries, but the way that the injury would impact the injured person’s life in the future.

In some cases, catastrophic injuries might also be fatal accidents. In other cases, they might result in other complications because the injury makes the victim more vulnerable to other injuries or diseases.

Why Define Catastrophic Injuries By The Law?

If an individual suffered an injury like this, he or she might need lifelong medical care and also suffer from a loss of income. Family members might need to take time to help care for the injured person too, or it might be necessary to pay caregivers. Typically, such terms are defined by lawyers, judges, and insurance companies because they seek some compensation to a party or parties who may have caused this injury or contributed to it.

Some examples of these kinds of lawsuits could include car accidents or at-work accidents. The injured person or that person’s family may seek to collect damages in court or through a settlement in these cases. In most cases, awards for these types of cases come from settlements, but some of the lawsuits do end up in court.

An Explanation of Slip and Fall

A slip and fall accident is a popular term for an injury that transpires when a person trips and falls on the ground as a result of a seen/unseen hazard. This form of accident can happen anywhere, private or on public property, outdoors or outdoors.

Slip and fall incidents can be more crucial to the seniors since they can’t afford to injure themselves as it takes longer for their bodies to heal. The elderly are fragile due to weakened muscles and bone loss. This makes them prone to slips and falls as they don’t have the reflex to avoid it.

Common slip and fall injuries include sprained ankles, fractured bones, elbow injuries, hip injuries and even a concussion. These injuries tend to happen when walking on pathways, sidewalks, driveways, parking lots and even inside a store. It can be any place with hard floors and pavements. These surfaces are even more dangerous when wet as they become slippery. If a business site or property has not made people aware of potential danger through the means of a sign, they may be liable for any injuries and damages caused by that situation. Being injured from slipping and falling can have you hospitalized for days and can take a toll on your finances, It is even worse when you don’t have medical insurance.

If you happen to be a victim of such a situation, it’s not your fault, and you should immediately consult a personal injury lawyer. There are lawyers who specialize in slip and fall injuries and can be of great help in securing fair compensation. When you injure yourself in public or someone else’s home, it can render you helpless. Such an unfortunate situation can be a huge liability to you and your family. So, consider hiring a qualified and experienced personal injury lawyer who can help assess your potential slip and fall case.

What Are The Most Common Traffic Violations

The top moving traffic violations are typically easy to avoid when you have a thorough knowledge of the rules of the road. Whether you take an online or offline traffic school or course, you should be familiar with the rules of the road as well as real estate law. Below, we will be going over some of the most common traffic violations that you might find yourself dealing with.

Most Common Traffic Violations:

1. Speeding.

This is perhaps the biggest and easiest to get caught for, but also to successfully avoid. It can be very easy to avoid not speeding. However, sometimes you might find yourself going a little too fast without really realizing it due to the flow of traffic. By keeping an eye on your dashboard and really monitoring the speed limits around you, it should be easy to avoid getting yourself a speeding ticket whether it’s via an actual police officer or a speeding camera.

2. Stopping at a Stop Sign Or Red Light.

Another common traffic violation that a lot of people deal with on a regular basis is not coming to a complete stop at either a stop sign or a traffic light. While it might seem harmless to come to a rolling stop, you are required to come to a complete stop at both a red light and a stop sign. Therefore, you are going to want to be sure that you are not only coming to a complete stop to avoid getting a ticket, but also to be able to successfully and thoroughly monitor and check your surroundings.

3. Unsafe Lane Changes.

This is another common traffic violation that you are going to want to avoid. This is common and can be a serious problem because driving on the freeway or highway typically means that you are going to be going at a very high speed. Therefore, you want to be sure that you not only safely change lanes, but provide adequate signal and timing for those around you to be able to react appropriately.  This can prevent any potential personal injury lawsuits with people or cars you hit!

What Is The Definition Of A Patent?

If you have ever filed for a patent before, you will probably know what this means. You often hear about patents when people are talking about creating something unique. These are inventions that people believe will actually make the money, and there are patent attorneys that can do this for you. Once you have received one, it will last for a couple of decades if filed in the United States, and this may differ depending on the country that it is filed in. This is because patents are territorial, and if you would like to have a patent in one particular country, it must be filed per their laws. You will have to find a lawyer that will be able to help you with this, and once you have found one, they can ensure that you will have a legal patent filed through the patent and trademark office.

Why Do People File For Patents?

People that file for these are often doing so to protect what they believe could be something very successful. For example, people that have filed patents for pacemakers have been able to secure the right to create one that might be used by thousands of surgeons over the next several decades. This can be a multimillion dollar decision to make, and you can find patent lawyers that are very inexpensive. As long as you have an idea that you believe should be protected under a patent, you should find one of these attorneys as quickly as you can.

How To Get More Information On Patents

You can get a lot of information on patents from different companies that offer inventory assistance. You can find the one that is local to your area, set an appointment, and speak with them about what you will need to do next. If you have never filed for one before, working with a patent attorney is the next step toward protecting this invention that you have created. It could be one of the most lucrative decisions that you ever make, especially if your invention will be in high demand.

What Really Is Intellectual Property?

Creations of the mind are known as intellectual properties (IP). Some of these properties include inventions, artistic works, literary, symbols, images, and names that are used in commerce. Intellectual properties are protected by the law. Some of the laws that protect IP include copyright, patent, and trademarks. These laws help individuals earn financial benefits from what they have already created. This article provides information on what really is intellectual property.

Copyright is a legal term that is used to protect the rights of creators of music, books, artwork, literary works, sculptures, computer programs, databases, maps, technical drawings, advertisements, and films. A patent is a right granted for an invention. This allows the patent owner the right to decide if the invention can be used by other individuals. The patent owner should make the technical information available to the public in the published patent document. A trademark is a sign or symbol that distinguishes the products of one enterprise from the other enterprises. This practice dates back to the ancient times when craftsmen placed their signature on the products they created.

If you have any disputes with any of your intellectual properties, before you suffer a traumatic brain injury you need to consult the right intellectual property lawyer to solve the issue in a court of law. With a host of such lawyers in the industry, how will you choose the best intellectual property lawyer in the area? That is where your research and patience come in handy. You have to do the homework properly before selecting the right lawyer for your case.

In conclusion, intellectual properties are creations of the mind. Some of them include inventions, literary, artworks, symbols, images, and trademarks. You need to find the right intellectual property lawyer to defend your properties in a court of law. The above article provides information on what is intellectual property.