Advocate for Immigrant Pay

Advocate for Immigrant Pay

Sep 21

I want to take a moment and explain to people why it’s important that we take care of our immigrant workers, even if some of them are here illegally.

I know that last point is going to be very contentious. Lots of people feel we shouldn’t be helping anyone who is here illegally. They’ve broken the law, these people will say, and if they are going to stay here at all, they will have to suffer the consequences of not being able to use the same legal recourses we citizens have.

But here’s the thing: as long as we have undocumented workers in our country, we need to make sure the laws apply to them as well. As a country of laws, we have a duty to apply them without prejudice. That’s how laws are supposed to work, and that means we need to especially focus our attention on making sure all laws are followed when it comes to the most vulnerable people in our society: both legal and illegal immigrants.

This is important because if we don’t make sure the laws are enforced (not just deportation laws and immigration laws but all laws) with immigrants, we may find the laws that help us begin to fray away as well.

Consider this: an undocumented worker works 60 hours for a company, but his employer will only pay him for 40. What should the worker do? What we want is to give him a place to go so he can get paid what he is owed, according to the law, which means, his 20 hours of overtime. I found this unpaid overtime claims attorney website to be very helpful in my research on the subject.

If we don’t protect this worker, the employer may begin to think he can pull the same trick with others. Perhaps he’ll practice it next on the legal immigrant who doesn’t speak perfect English. If he succeeds there, he may go after the native-born worker who seems a little slow and is unlikely to know who to go to for help. And so on up the ladder until we all have to worry about our paychecks.

Now, I’m not advocating for anything involving deportation or amnesty. Those ideas can be debated in Congress, and we can all vote for the people we feel will best follow through on our own ideas about that issue. All I am saying is we have to make sure there’s a firm line out there when it comes to the law: the law is the law.

We all know ignorance of the law is no excuse. If you speed down the road at 50 in a 30 mph area, you get a ticket whether you saw the sign or not. The law should work the other way too. You should get paid what you are owed whether you know how to advocate for yourself or not.

That should be true for you and for me, and for every immigrant in this country as well.

Factors Courts Consider When Deciding Who Gets Child Custody

Factors Courts Consider When Deciding Who Gets Child Custody

Aug 07

One usual cause of disagreement between divorcing couples is child custody, as there are times when both parents do not want to be separated from their child. Gone are the days when child custody was awarded solely to the mother, due to the observance of a practice called “maternal preference.” This preference was based on the presumption that mothers were better equipped with the love and concern necessary in raising children.

Many courts today consider awarding custody of the child to both parents, especially if this will be in the child’s best interest. And this is most probably the decision that a court would arrive at, unless one parent is deemed and proven unfit by the court. Being judged as an unfit parent can be due to many different reasons, such as:

  • Being abusive to the child;
  • Being a bad influence to the child (can be due to use and dependence to illegal drugs and/or alcohol);
  • Exposing the child or allowing the child to be exposed to pornographic elements;
  • Using excessive forms of disciplinary acts; or,
  • Charged or convicted of a crime, and so forth.

Two other important factors considered by the court when deciding who gets child custody are parent’s involvement in the child’s activities and the environment where the parent resides. Spending time with the child and being there when he/she needs the parent most, like in school plays, school meetings and other activities are greatly considered and appreciated by the court.

If the environment can put the child’s health at risk, though, or compromise his/her safety, maybe due to the regularity of crimes in the neighborhood or open use of illegal drugs, then these may affect the court’s decision.

The ill behavior of your new partner, which may have an unfavorable effect on the child, can also keep the court from deciding in favor of the parent under such circumstance. Many other things are considered by the court, including the possible custodian’s health, age and financial opportunities.

Thus, as explained by the law firm Marshall & Taylor PLLC, because of the importance a child custody agreement has on both the lives of the children and the parents, this is frequently the most contentious issue that arises during a divorce proceeding. However, determining what type of custody you and your soon-to-be ex-spouse will have is critical to successfully completing the divorce process.

Sole custody, for instance, gives a parent or guardian legal responsibility of a child. There are many decisions and responsibilities regarding the child that those who have sole custody will undertake. Some of these responsibilities include making vital life decisions that will affect a child’s future, such as: medical care, religious upbringing, educational opportunities, and other important life choices.


People Accused of DUI should Remember that an Accusation is Just That: an Accusation, against which They have a Real Chance to Defend Their Rights

People Accused of DUI should Remember that an Accusation is Just That: an Accusation, against which They have a Real Chance to Defend Their Rights

May 24

Even kids know that drinking and driving is a dangerous combination. Thus, figuring out why so many drivers continue to drive despite being alcohol-impaired can be a frustrating endeavor. In 2013, there were 1,171,935 DUI arrests in the U.S., including in the District of Columbia. In 2010, based on records from the Centers for Disease Control and Prevention (CDC), the number of arrests went as high as 1.4 million.

Despite the anti-drunk drivinga law, the government’s efforts in catching alcohol-impaired drivers, the harsh punishments, and all the educational ads that remind drivers of the dangers of driving while impaired, traffic authorities know that people will continue to get behind the wheel even if intoxicated. Thus, the justice system holds totally liable arrested drunk drivers for whatever harm they inflict on innocent victims. Besides the criminal charge and penalties, offenders can also face monetary liabilities and be ordered by the court to compensation their victim/s.

Driving under the influence (DUI) or driving while intoxicated (DWI) is a major traffic violation in all U.S. states. Though the blood alcohol concentration (BAC) limit in all states is 0.08% (this is the BAC level of those who consume four regular bottles of beer with one hour), police officers can charge anyone with DUI, even if his/her BAC level is below the set limit, if they believe that he/she is really impaired.

With about 10,000 fatalities every year due to drunk driving, the National Highway Traffic Safety Administration (NHTSA) has exercised aggressiveness in catching and charging alcohol-impaired drivers. There have been times, however, when this aggressiveness, which has helped authorities successfully get drunk drivers off the road, has also resulted to innocent people getting arrested.

One reason for wrong arrests is due to the use of a breathalyzer device, for while it is true that breathalyzers can definitely measure alcohol which is present in alcoholic drinks, it will also give measurable BAC readings if one consumes food cooked in alcohol, or uses substances that contain (even small amounts of) alcohol, like toothache medicines and mouthwash. Acetone, which is detectable in the breath of those on high protein diets and diabetics, and other compounds that have a molecular structure similar to alcohol, may also result to BAC readings. Besides these, adhesives, plastics, varnish, paint fumes, and cleaning chemicals with rubbing alcohol, can also produce false BAC results.

According to a Nashville drunk driving defense lawyer, simply being accused of a crime can change your life. The penalties of a conviction can haunt you for years after you’ve served your sentence and may affect what kinds of jobs you’re able to obtain and even where you’re allowed to live. However, it’s important to remember that an accusation is just that: an accusation. You still have a real chance to defend your rights and protect your future from the challenges that would come with a conviction. You still have a real chance to defend your rights and protect your future from the challenges that would come with a conviction, such as jail time and fines.

Traumatic Brain Injuries

Traumatic Brain Injuries

Feb 27

The brain is one of the most important organs in the body, so it is not uncommon for brain damage to have devastating effects to its victims. Brain injuries, particularly those inflicted by the negligence of another party, have a variety of legal options to pursue, like compensation.

Symptoms of brain trauma
Brain trauma can be classified as mild, moderate, and severe. Most of the symptoms of these classifications are similar, and their differences are mostly on severity. Mild traumatic brain injury symptoms include the following:

  • Confusion
  • Difficulty in concentrating and sleeping
  • Difficulty in remembering the traumatic event
  • Dizziness
  • Fatigue
  • Irritability
  • Loss of balance
  • Partial or total loss of senses, like smell
  • Sensitivity to light and sound

Moderate and severe traumatic brain injury amplifies the symptoms stated above, in addition to the following symptoms:

  • Difficulty in speaking
  • Difficulty in understanding speech
  • Eye problems, such as blurred vision and rapid eye movement
  • Paralysis
  • Seizures
  • Sensory problems, like limited sense of temperature and touch

Common events leading to brain trauma
Traumatic brain injuries can be sustained in many ways, but some ways are more common than others.

Car accidents: One of the most common ways to sustain such an injury is through car accidents. This can be sustained by hitting the head in hard objects and surfaces, such as steering wheels, dashboards, windshields, headrests, and pavements, and getting hit in the head by projectiles such as debris.

Sporting activities: Sports, particularly those that involve a lot of contact like basketball, football, soccer, and hockey, are common causes of brain trauma. The constant impact to the head can have a toll to the brain in the long run. Sports accidents, like landing or crashing with the head first, pose the same threat.

Slipping, tripping, and falling: Slipping accidents can occur because of slippery substances and defective escalators, elevators, and stairs. Tripping accidents happen because of obstructions, such as loose cables, and uneven surfaces like potholes. Falling accidents mostly occur because of unattended holes in dangerous places like construction sites, elevated places without safety mechanisms, and slipping and tripping accidents.

Compensatory Damages Include Things such as Lost Wages, Property Damages, and Lawyer Fees

Compensatory Damages Include Things such as Lost Wages, Property Damages, and Lawyer Fees

Feb 22

The classification of people who may be found entering another person’s property include an invitee, a licensee and a trespasser. Besides suggesting the rights of a person (inside an entered premise), this classification also tells of the level of care a property owner owes these people.

An invitee may be a friend, a relative or a neighbor. He/She who has a landowner’s expressed or implied permission to enter his/her property;

A licensee is a person, who also has a landowner’s expressed or implied permission to enter the property, but who goes there for his/her own amusement or purpose, rather than for business purposes. Party guests, family friends and everyone else who enter stores to ask about something or to retrieve something that they own, are also considered as licensees;

A trespasser ris a person who has no authority to be on someone else’s property; thus he/she is on the property illegally and, unless he/she is a child, the owner owes him/her no responsibility if ever he/she gets injured inside such property.

Property owners, especially those who own places open to the public, like malls, supermarkets, hospitals, government offices, parking lots, playgrounds, swimming pools, restaurants, food courts, churches, etc. (where the people are called licensees), have the responsibility of keeping their premises free from risks of accident at all times, or they can face legal complaints, more specifically, a premises liability lawsuit, from whoever gets injured in their premise.

One very common accident which can injure anyone is slip and fall. This accident, which occurs in public and private places cause injuries ranging from minor bruises to fractures or spinal column injury, neck injury and so forth.

According to the National Safety Council (NSC), more than 8 million slip and fall accidents occur in the U.S. every year. Their most common causes include wet, oily, icy or slippery floors or surfaces, defective staircases, uneven, loose or broken floors, steps, sidewalks or stairs, unsecured rugs or carpets, and, hidden or tangled extension wires.

Besides injury due to slipping, tripping or falling, premises liability also includes in its scope injuries that are caused by falling objects, open excavations, electrocution, broken benches or chairs, and so forth.

Failure to free one’s premise of injurious hazards is act of negligence. If this act result to harm, then an injured victim can pursue legal action in order to seek compensatory damages. The Ali Mokaram law firm says, “compensatory damages are designed to help the plaintiff to pay for the costs of recovering after the injury. These damages often include things such as lost wages, property damages, and lawyer fees.”