White-Collar Exemptions from Overtime Pay

Federal and state laws mention that those eligible for overtime pay can receive up to one and one-half of their rate. The key word there is eligible, because not all employees are covered by these laws. A variety of workers from various industries are explicitly exempted from overtime pay, such as domestic workers residing in their employers’ residences, farmworkers, and even those from delivery services and certain sales industries.

But if there is any confusion regarding these exemptions, it is on white-collar jobs with salary basis pay, particularly those who have administrative, executive, and professional positions.

Administrative

An employee who is a significant part of the management and operations of an employer or its customers is considered to have an administrative position, and therefore exempted from overtime pay. This employee usually does office and other work that is considered non-manual. He also typically makes decisions regarding significant issues.

Executive

An employee is categorized as an executive if he is primarily managing a department, division, or any other recognized block in the employer’s company. This person also usually supervises a certain number of employees and has significant power regarding the hiring and firing process within the company.

Professional

An employee is considered a professional if his work and responsibilities require advanced knowledge, usually acquired through advanced studies, regarding a certain field. Usually, this field is scientific or mathematical, but it is not uncommon for artistic and creative fields to be considered professional fields as well.

Eligibility Problems

One of the problems that may arise from these exemptions is when an employer has misclassified an employee. An employee who has been misclassified as having an administrative, executive, or professional position and has worked overtime may not get his due overtime pay.

According to the website of the Leichter Law Firm, those who are eligible to getting overtime pay but has not received any from their employers may take legal action. It is good to know that the law is on the side of the victims. After all, the employer’s management should be responsible enough to ensure the proper classification of their employees.

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The Dangers of Childbirth

Nobody is a stranger to the wonders of childbirth. Indeed, a myriad of movies, songs, and works of literature all proclaim the incredible experience that is bringing life into the world. Unfortunately, even the most accomplished doctor cannot guarantee the health of an infant. Birth trauma can occur during the birthing process that may put the infant at risk to several medical complications. According to Mazin & Associates, PC, there are numerous causes of birth injuries. Size of the infant, presentation of infant during labor, and medical negligence are just a few factors that contribute to birth trauma. Premature and large infants are more likely to suffer from birth injuries. A breech birth or the delivery of a baby feet or buttocks first can also increase the likelihood of postnatal damage.

There are a variety of birth injuries, some more fatal than others. Newborn cervical fractures and facial paralysis are one of the most prevalent delivery related injuries. According to Nationwide Children’s, a narrow birth canal or use of medical instruments may cause pressure on the infant thereby fracturing its clavicle. A newborn fractured clavicle is evident through the baby’s actions. The baby may fuss and cry revealing sensitivity to the affected area. Often times, the child may hold the injured arm close to its side, an indication of the trauma. After several weeks, a lump will appear signifying the healing process. There is no treatment required for this medical condition although doctors as well as future parents take actions to ensure the child is comfortable. Another delivery related injury includes facial paralysis. During a difficult delivery, pressure to the facial nerve of the infant may occur. Such a trauma can contribute to medical condition called facial nerve palsy. As reported by U.S. National Library of Medicine, the infant may no longer possess voluntary muscle movement of the face. Paralysis of the affected side of the face or uneven facial presentation indicates the condition. In the best cases, because the paralysis wanes naturally, treatment is not required. In other cases, however, the infant may become permanently paralyzed, and thus require therapy.

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Major Road Threats to Bicyclists

Leaving your car in the driveway and covering pavement using your bicycle, whether to go to work or to run an errand is not only healthy and environment friendly, but also faster and much cheaper. Despite these and the many other benefits of riding a bicycle, you must not forget the dangers that bicyclists are always exposed to, such as pollution (especially if you ride on very busy roads) and the many kinds of road hazards, like defective roads and, most especially, uncaring motorists, who do not see you and those who think that you should not be on the road.

In 2013, 900 bicyclists died in traffic accident, while an estimated 494,000 were rushed to emergency department. In 2014, thanks to the educational Pedestrian and Bicycle Safety programs introduced by the National Highway Traffic Safety Administration (NHTSA), fatal bicycle accidents went down to 720, a 20% decrease from the previous year.

Every time an accident involving a bicycle and a motor vehicle occurs, warnings on how dangerous bicycling can be, and reminders that bicyclists should be extra careful and that motor vehicle drivers should respect bicyclists’ right of way, are always made. Major road threats to bicyclists include distracted drivers, drivers who over speed and alcohol-impaired drivers. No doubt bicycle safety programs offer a lot of safety tips to bicyclists; but it will also surely result to much better road situations if local government agencies will put in extra effort in getting dangerous drivers off the roads.

According to the Centers for Disease Control and Prevention (CDC) and the Governors Highway Safety Association (GHSA), besides alcohol-impairment, not wearing a helmet is another major contributing factor to fatal bicycle accidents.

The West Palm Beach car accident attorneys of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. explains that the consequences of bicycle accidents, which include ongoing pain and suffering, and emotional, psychological, and financial burdens are bad enough; it is worse, however, if the bicyclist did actually nothing to cause the accident. To help the injured victim secure the financial compensation that is needed to pay for the financial costs of resulting from the accident, the best way is to file a civil lawsuit against the party at fault in the accident.

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Types of Repetitive Motions Injuries in the Workplace

Any worker making repetitive movements throughout the day in their workplace can suffer from carpal tunnel syndrome, bursitis, or tendonitis. In some careers, a worker must repeat a motion hundreds or thousands of times without rest. Many people associate repetitive motion injuries with typing, but, according to Scudder & Hedrick, PLLC, the reality is they can occur in any industry to any worker.

Carpal tunnel syndrome is characterized by hand and wrist pain, tingling, numbness, and loss of hand strength. The symptoms are caused by the inflammation of the carpal tunnel, an area in the wrist that holds nerves, and may require surgery. Typists, tailors, assembly-line workers, and cleaning workers are especially at risk for carpal tunnel syndrome, as is anyone making repetitive wrist motions. Construction workers are also at higher risk, as many tasks involve physically demanding repetitive motions.

Tendons are tissues that connect the muscles to the bones. The overuse of a tendon can cause the tendon to become inflamed, resulting in tendonitis. The condition is sometimes known as “tennis elbow,” “jumper’s knee,” or “mother’s thumb,” and is the result of overuse and repetitive movement, especially forceful movement. Tendonitis can become worse with continued use of the injured area, so it is important to rest the affected tendon and receive necessary medical treatment.

Bursitis is similar to carpal tunnel syndrome and tendonitis. This condition is related to the lubricant-filled sacs present at joints in the body known as bursae. Bursae allow joints to move freely and painlessly, but can become enflamed through overuse. Bursitis can make simple tasks extraordinarily painful and may require that the individual take time off from work.

Sufferers of repetitive motion injuries should seek medical attention as soon as possible. Continuing to overexert the affected area is likely to worsen the condition. If the repetitive motion injury is the result of an employer’s negligence, the employee may be entitled to receive workers’ compensation benefits.

 

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Optional car insurance coverage available for Chicago drivers

Vehicle owners in Chicago who think that the state required car insurance coverage is not suitable for their everyday driving needs may consider including other “options” in their policies to further boost their confidence while on the road. Though upgrading insurance policies may cost more, the website of the Texas Bar states that it may provide vehicle drivers and other people better protection during accidents.

Even the state of Illinois set the required minimum car insurance coverage to $25,000 per person injured in an accident or a total of $50,000 per vehicular accident, many families still end up suffering from great financial loss. The situation can be more difficult if the policyholder is injured by a driver or a vehicle owner that does not have an insurance coverage. Aside from expensive hospitalizations, vehicle drivers who have been involved in accidents are left with serious property damages that are not covered by their minimum car insurance. Individuals whose vehicles were damaged in traffic related or non-traffic related incidents may have their properties repaired through comprehensive insurance coverage. Individuals may free themselves from too much worrying whenever they park their vehicles. The liability insurance required in Illinois may not cover all the financial need of persons or the vehicles that have been damaged in accidents that an insurance policyholder have. Vehicle drivers who have limited insurance coverage may still pull out hefty money from their pockets if the persons they injured in accidents require surgery or any serious medical attention to recover. The cost of repairing damaged vehicles may depend on the type and model and in some situations the $20,000 minimum liability insurance coverage is not enough to restore someone else’ property mostly if it is a very expensive vehicle.

Though the state does not require vehicle drivers to upgrade their car insurance, individuals whose vehicles are financed by lenders may require getting comprehensive and collision coverage policies.

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