Difference Between An Employee And Independent Contractor

One of the things that employers do to avoid paying overtime is to misclassify employees an independent contractor. Williams Kherkher attorneys will tell you that by doing so, the employee misses out on some important benefits. It is important for you to know the basic difference between the two. If you have been wrongly misclassified, you have the right to lodge a complaint against your employer.

It is important to understand the difference of the two terms for taxation purposes. An independent contractor runs his own business but works for another business. An employee, on the other hand, is hired by a company to perform specific work for them. Aside from that, the IRS determines the difference based on three criteria.

Behavioral Control

An employee is one whose hours of work, tools to be used, and tasks to be performed are controlled by the employer. An independent contractor, on the other hand, sets his own time and requires little or no direction or training.

Financial Control

An employee is paid a salary and hence cannot work for others. An independent contractor, on the other hand, is not bound to the company and hence can work for other companies simultaneous with the company he is working for.

Relationship

An employee enjoys benefits which mean they have a relationship with the company they are working for. An independent contractor meanwhile has a contract but does not give the employer control over them. Likewise, an employee’s work is related to the core objective of the company.

Companies that misclassify their employees may be subject to some liability. If proven, the employer may be liable for paying the past taxes which may include FICA and Federal unemployment tax.

Aside from that, they may also be subject to fines and penalties for violating the Fair Labor Standards Act.

The Lack of Protection of Jet Ski Drivers and Passengers

While training in a lake in Muang district in Thailand, Chantouch, the 14-year-old Thai boy who was declared world jet ski championship in 2015 fell into the water. At about that same time, another jet ski was cruising towards the very area where Chantouch fell. Pol, the 9-year-old boy driving the other jet ski, hit the 14-year-old champion on the head, causing a deep cut to the left side of his face. Chantouch received a major head injury and was pronounced dead in the hospital where he was rushed.

Here in the U.S., sometime in August or September of 2012, 16-year old female Kristen suffered fatal brain injuries after another jet ski rammed her. The other vessel was driven by Tyler, a 20-year old Australian male tourist, at the time of the collision. Prior to the accident, Tyler could be seen (in a cellphone footage taken by his girlfriend) standing on his jet ski, oblivious of the other jet ski he was about to ram and of Kristen’s shouts to warn him of what was about to happen.

The incidences above are just two of the thousands of frightening jet ski accidents that happen around the world. Here in the U.S., records from the Coast Guard say that at least four thousand jet ski accidents occur every year. These accidents result to about 600 deaths and more than 2,600 injuries.

Despite its small size, a jet ski has the power of a real boat and can now run up to 70 miles per hour. Designed to run at high speeds with its drivers and passengers not wearing any form of protection, no wonder they are vulnerable to many different kinds of serious and life-threatening injuries.

Rules and requirements for operating a jet ski vary by state. The most basic ones, however, only says that one needs to: prove that he or she is at least 16 years old (some states have 12 for base age limit); hear a safety lesson, which takes only some minutes; and pay $95 per hour rent fee.

The laws governing accidents that take place on water are not totally identical with the laws that govern accidents occurring on roads and highways. Accidents involving jet skis or other types of recreational boats are better handled by legal professionals whose expertise include the maritime law. For more and better information regarding recreational boating accidents and the best legal action for victims to pursue, please click here: __________________________

Reason Why Carrying Car Insurance was Mandated

Whatever driving history you have, whether you have already been involved in an accident or have been convicted of a DUI/DWI, there is one law that you will need to comply with: the Financial Responsibility law. This law requires drivers to prove their ability to pay for damages due to accidents wherein they are at fault. Non-compliance with this law can result to suspension of your driving privileges, fines and higher cost of insurance premiums. In the event that you do cause an accident, then you may also face a civil lawsuit wherein you would be legally required to compensate your victim for his/her losses and damages.

Proof of financial responsibility may be demonstrated by carrying auto liability insurance, by posting a bond or depositing cash with the state, or by paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee.

Carrying auto liability insurance is the common and cheapest way of proving financial responsibility; this is why as many as 48 states mandate it. New Hampshire and Virginia are the only states where having car insurance is not a requirement, but an option.

The car insurance law was first made compulsory 1925 in the states of Massachusetts and Connecticut. The introduction of this was a result of the obvious signs government officials saw during those times: that cars would crash and cause injuries to people and damages to properties. In these crashes, however, the ones who were really made to suffer were the victims, many of whom were not compensated by the at-fault driver, thus leaving them burdened with the cost of medical treatment and inability to earn wages in addition to their physical and emotional pains and suffering. Thus, to make sure that at-fault drivers will never default on paying their victims, the solution was the car insurance law made compulsory.

Presently, there are two major types of car liability insurance coverage available and the type of coverage that a driver needs to have depends on whatever is mandated by his/her state. In 38 states, the type of insurance required is the tort system, which is actually a system based on “fault.” The at-fault driver is held responsible for all the damages sustained by the victim; however, it is this driver’s insurance provider which will pay the compensation that the victim is qualified to receive.

The other type of coverage, which is mandated in nine states, is the “no-fault” coverage, wherein the drivers involved in an accident would receive compensation or benefits from their own insurance providers, regardless of whose fault the accident is. The nine states where this “no-fault” coverage is mandated are Utah, North Dakota, New York, Minnesota, Michigan, Massachusetts, Kansas, Hawaii and Florida. In the states of Pennsylvania, New Jersey and Kentucky (these are identified as “choice states), drivers have the option to carry either the tort insurance coverage or the no-fault coverage.

Regardless of the type of coverage a state mandates, the basic grievance of drivers is the high cost of premiums that need to be paid. The solution to this is asking for free insurance quotes. These quotes are intended to help drivers find the policy that will best suit their individual coverage needs without hurting their pocket. For more information, contact your local Wausau, WI car insurance lawyer.

Is That Really Nursing Home Abuse?

There is a popular perception of what abuse victims are. They are often plastered on posters with black eyes and scratch marks on their faces, bloodied and cut lips with knocked out teeth showing through – people often assume that physical, violent abuse is the only one that can be proven but little do they know that there are other ways that a person can be hurt.

In the books of any Tennessee personal injury lawyer, personal injury is injury that has been done unto the person via a guilty party. These injuries need not necessarily be physical but they can be mental and emotional as well. Physical abuse is relatively easier to spot due to the more ubiquitous evidence but there are ways to tell if there is emotional or mental abuse happening as well.

Nursing home abuse happens when the home does not fit to the standard of care that they are required to comply by. For example, if the home in question does not have enough capable professionals on staff or if the facilities are not sufficient for the people admitted in their care then that can constitute as a kind of nursing home abuse if they continue to operate in the same manner.

Another way to tell is through the behavior of the patients themselves.

Are the relatives or loved ones you had to admit to a nursing home acting out of character than they were before? Perhaps they are more uncomfortable around people or flinch away from the slightest bit of physical contact. These are little traits that can tell a lot about an abuse victim’s situation. A lot of the time, victims of abuse don’t even know that they are in an abusive situation until they are educated about their own rights.

If you know someone who is currently being treated or cared for in a nursing home that is suspected of being abusive (even by neglect), then it is recommended that professional, legal help is acquired immediately in order to get the victims out of that situation as soon as possible.

Treat Possible Criminal Convictions Seriously

One of the bigger problems in America today is the reintegration of ex-convicts. In the world within the prison cells, life is markedly different from the one people know to be. In prisons, men and women are hardened and there is hardly any room for compassion, growth, and sympathy.

What happens to these men and women when they are released from prison can be, however, a life worse than death itself. How do you learn how to live when you’ve been faced with so much of the other thing? How do you relearn how to care? This is especially difficult, considering that reintegration back into society can be difficult due to the fact that there is incredible bias against past convicts for any crime – if there is so much as a single stain on your record, it could mean an immediate hindrance from many opportunities for both yourself and members of your family.

On the website of the Law Offices of Mark T. Lassiter it says that all it takes is a single criminal offense in order to taint you for the rest of your life. Take those who have been charged with an alcohol offense by means of drunken driving cases. Drunk driving is an incredibly controversial topic and the fact that it is so highly publicized could affect the case or charge.

That is why it is incredibly important to contact legal aid as soon as you are faced with a possible criminal charge in order to know the best possible way you can be defended or for the charges to be dropped altogether. A conviction of this nature could cause complications with regard to your driver’s license, which could mean added trouble with trying to go to your job or trying to go to school. What if your actual profession requires for you to have a driver’s license – a criminal charge of this nature could cost you your job and your family, their source of income. It is one of the most difficult things to live through but with the right kind of help, it needn’t have to be so impossible.

How Employment Law Works

It is a day and age of modernity and of innovation. Long gone are the days when people solely work for the sake of profit and financial security as the current generation seeks life fulfillment as the ultimate professional priority.

Not everyone, however, has that privilege and financial security is something necessary. In some cases, losing your job may also automatically mean having to pull the kids out of school, or even selling the car or house. If you’re in a situation that is dependent on the steady paycheck that your job offers, it may be easy to neglect that your employer isn’t treating you with the kind of rights that you have never had to earn – that’s why they’re called rights.

According to the website of employment lawyers Cary Kane, there are different employment laws that operate on both a state and federal level. The employment laws that operate on a state level – such as laws concerning sexual orientation discrimination, for example – can differ from state to state, which is why it is imperative to consult an experienced, knowledgeable lawyer on matters regarding this branch of the law. It can be additionally complicated if the employer in question one of the bigger names in the industry – but just because they have the resources means that they should get away with their unjust behavior. The right legal team can get you the compensation and justice that you are owed.

Employment law actually explores a wide array of different areas that aim to make sure that employees are treated fairly and are given the benefits that their being a part of the labor force grants them. Things like being paid duly for their overtime or being granted sufficient vacation time are things that need to be protected in order to ensure that workers are happy and healthy. With these rights and privileges in place, the business can only thrive – and isn’t that the win-win situation everyone wants?

Personal Injury: Help After the Worst Day

The worst day of your life can keep on ruining everything – long after the sun’s already set on it. That is often the case with victims of personal injury. You could wake up and just think it’s going to be a regular day until the unthinkable happens – and then nothing is over the same again.

Take the story of a bedridden little girl, a story taken from the website of Ritter & Associates. In a semi-comatose state due to a car accident that had given her severe brain and spinal cord injury, this once happy and active teenage girl was then put under 24-hour surveillance and care. Under the care of a male nurse, however, was the girl unjustly treated again as she was sexually abused by the nurse. Though the nurse was criminally convicted, there is no telling the kind of pain that this kind of situation puts not only the girl in question – but also her entire family.

Personal injury can be complicated due to situations like this as they are hardly ever the same. Car accidents are in one of the many subsets of personal injury but, according to the website the Chris Mayo Law Firm, there are many others that fall into the formula. Traumatic brain injury and spinal cord injury cases are also cases that fall under the jurisdiction of personal injury – and even then, the pain is not exclusive to the patient, exactly.

Citing the example of the little girl above, the girl’s mother also suffered a great deal from all the trauma that had happened to her daughter. A jury then, in that particular case, ruled that the mother, too, is deserving of some measure of recompense and justice for the kind of trauma that the case had brought upon her person.

Legally Pursuing Personal Injury

Any kind of injury can hurt – from a simple scratch, there is a pain that your body registers and for a while, it can become your main focus. Some injuries have pain that last all of five minutes and then you forget about it – some injuries, however, are much more malignant than that and affect you more than just physically. According to the website of Wausau, WI personal injury lawyers, severe injury could impugn your ability to work and that, in itself, could cost you a lot in terms of finances – and with a severe injury, there are medical expenses involved that you need to factor in as well as the lost wages that being unable to work brings forth.

If the injury you got or was done unto you was caused due to the either willful or ignorant negligence of another party, that guilty party is accountable into supplying you with financial compensation for the damage done, according to the website of the lawyers Hach and Rose. However, taking legal action can be arduous and complicated.

For example, say your situation was the result of a car accident that was due to a defect in the car itself. This would hold the manufacturers responsible and holding a big brand name such as any motor vehicle manufacturer can seem like a daunting task. Sometimes, it could be something as simple as slipping due to wet floor that had no warnings around it. As small as it may seem, there have been some instances where situations like this have permanently disabled the victim by way of spinal cord or traumatic brain injuries.

If you or someone you know has been injured and thinks the situation warrants legal action, it is advisable to seek the advice and assistance of a professional legal team with experience in this field of the law in order to best know how to approach this incident.

What Softened Water Can Do for You

Did you know that so many of the diseases found in history could have been avoided if only there were a decent water filtration system? If only clean water was publicly available? The Black Plague that wiped out most of the European population could have been avoided if there were some kind of system available that allowed for people gain access to clean water. These are comforts that are given to people these days and yet, constantly overlooked. Most people just expect clean, good water from their faucets without considering that they might be at risk from contaminants.

Did you know that many developing nations in Africa and Asia are suffering from various diseases due to the lack of access to clean, potable water? This is a serious problem that is happening in other parts of the world and it is something that many people in America can take for granted. In the United States, there is technology available that allows for households to have access to clean, soft water – free from chlorine and removes the presence of iron in the water you’re about to consume.

The Austin water softener specialists at American Water state on their website that every home may need a different kind of water softening system, depending on their geographical location and lifestyle. Investing in the appropriate systems in order to ensure that you and your family are readily supplied with softened water is one of the most important aspects of getting these systems installed but another thing that must be considered is the environmental impact that your systems can have.

You want to leave the least amount of damage to the environment, after all, without sacrificing the efficiency and quality of the water softening system you invest in. Luckily, this is also achievable, thanks to more modern and sophisticated engineering. This is a luxury that many people outside the United States struggle with on a daily basis – and it is readily available for you in your home right now. Why hesitate?

Elder Law: Having the Time of Your Life

No two human beings live the exact same life but the care that comes into each one must be delivered with as much sensitivity and compassion for the entirety of its duration. It is the dream of most people to survive and have lived a long, fruitful life and to pass on gracefully and without any regrets – and it is the planning and careful consideration of the circumstances that allows for people to pursue thinking about their long-term future, by way of elder law.

Everyone’s got to die at some point but that doesn’t mean you have to just roll over, belly up, and expect it at every turn. Everyone differs, however, in certain aspects of their lives – and how they care for certain things, long after they are gone, can be a difficult subject matter. According to the website of law firm Peck Ritchey, LLC, elder law is a specific branch of the law that is delicate and deliberate, as each contract and action is tailored to fit towards the lifestyle, estate, and choices of the elderly person in question.

Sometimes, there are special requirements for the individual that need to be addressed but as the subject of these requirements is an elderly person, there is a certain demand for patience, empathy, and compassion even when dealing with something as direct and objective as legal proceedings. The requirements and services that are being planned for can expand to a wide array of different priorities such as the preparation of the elderly person’s estates (i.e. all their legally owned possessions that will be distributed to their liking upon their passing via legally prepared documentation) as well as their preferred living arrangements in a nursing home.

Dealing with subject matter such as this – as it literally deals with the inevitable end of a person’s life – can be quite stressful, if not dealt with in such a manner that is given the utmost respect and care. That is why it is so important for matters like these to be dealt with in a controlled arena and by experienced, compassionate hands.