Why Should You Hire Professional Process Servers for Your Legal Cases

Perhaps, not many people are aware of the real role of process serving and private investigations. In fact, there are people who seldom know that such a profession ever exists. Well, it is important that everyone knows about these processes and professions. A process server can be a company or an individual who helps in serving court documents to the defendants. In case the defendant is absconding, these professionals should carry out proper investigations to trace the person and serve the papers appropriately. Serving legal papers to defendants is a vital process in any legal case. However, you should choose a reputable and a professional process server like DUI Lawyer Mesa AZ to take care of your legal requirements.

Those days, the individuals who did such a job were called messengers. Today, process servers handle a variety of tasks that entails filing legal papers, retrieving court documents and files and using these to serve the associated people. For instance, a process server serves legal papers to a defendant in a court case or may be to someone who is involved in the case. Once the documents are served, the servers provide proof that they have delivered the papers in the

Despite Trend Toward Pension Freezes, Fund Administrators Increasingly Confident in Sustainability

images (3)The Archdiocese of Philadelphia recently announced that it will freeze its traditional pension to keep the plan’s estimated $150 million deficit in check and shrink it over time. The Archdiocese’s current plan, known as a “defined benefit plan” because it guarantees certain benefit levels to participants, held $478 million in assets June 30, 2012, about 76 percent of the $630 million it needs to meet anticipated long-term obligations. Defined benefit plans are commonly called “traditional pension plans”.

The change will be effective June 30, 2014, after which time almost 8,500 current employees of the Archdiocese of Philadelphia-including parochial school teachers, church office workers, and other lay employees-will no longer be able to accrue benefits under the plan. Instead, a 401(k) style plan will be offered in its place.

In recent years, freezing of pensions has taken hold as a viable approach in many nonprofit and religious sectors. For example, archdioceses in Boston, Chicago and Minneapolis-St. Paul have placed freezes on their traditional pension plans for lay employees. Also, a national trend points to more employers offering retirement plans that establish a contribution rate, as opposed

Effects of Labor Laws and Costly Credit on Garment Exports

images (1)Lately, the Indian garment sector has witnessed a boom in exports, thanks to increasing demand from all major markets including the USA and the European Union. With big orders pouring in, garments have become one of the top growing export sectors in the country. Because of its high quality garments, India has become one of the preferred sourcing destinations for several brands such as Zara, H&M, Mango, Tommy Hilfiger, etc. However, the country’s inflexible labor laws and costly credit are proving to be major roadblocks for the sector, especially when it comes to exports.

Stringent Labor Laws Affecting Investors

The stringent labor laws prevailing in the country have created great apprehension among garment manufacturers. They believe that the bigger they grow, the more difficult it is to run a business. It is to be noted that garment is one of the most labor intensive sectors in the country after agriculture. Hence, the impact is more on this segment than the others due to strict labor laws. More than 8 million workers are employed by the sector, out of which 70% are women. Often companies are

State Pension Reform Stymied by Court Opposition

download (13)Although many states have chosen to take divergent paths, courts have stopped several of them from restructuring, forcing administrations to work within the confines of their employee retirement plans. As a result, public employers are not afforded the flexibility to adjust the rate at which a worker may accumulate benefits, even in regards to work that an employee will do in the future. This constraint inhibits pension reform and the ability to manage the high cost of underfunded, and frequently, unrestrained, public employee pensions.

Contract ISSUES

Why do courts have the authority to block the public sector from making changes to their pension plans?

In an October 16th Bloomberg article, Steven Malanga, Senior Editor of ‘City Journal’ and a Senior Fellow at the Manhattan Institute think tank, wrote, “Many legal protections given to public-sector pensions arise from court decisions that treat laws governing public retirement systems as a contract between the state and a worker.”

“That puts pensions under the jurisdiction of the contract clause of the U.S. Constitution, or under state contract law,” according to Malanga.

For decades, California courts, including the California Supreme Court, have been

Do Hospitals in Your Community Practice Racial Discrimination? It’s Not A Farfetched Question

images (4)one of the most progressive counties in the State of Florida, it is an “open secret” that racial and religious discrimination is practiced in many if not most area hospitals. Seems hard to believe, but when black or other minority hospital personnel report discrimination to management, they discover that a quiet, unpublicized policy allowing racial and religious discrimination exists. The policy can be found in what officials call a “hospital-wide directive.”

“How could this be,” you might wonder? Imagine a sign on a bassinet in the delivery room that reads: “No African American nurses to care for baby, per dad’s request.”

Paradoxically, this discrimination is justified as part of “patient rights.”

A front-page story about hospital discrimination designed to protect patient rights quoted administrators who defended the policy as necessary “to properly care for patients.” A black nurse, removed from a patient’s care, asked, “what about my rights?” The answer is her rights were subordinated by the administration of the hospital in order to go along with bigots who demanded that no black people participate in their care or treatment.

I found this amazing. In Mississippi or

How to Win Worker’s Compensation Cases

download (12)So you’ve been hurt, maybe terribly, maybe not so much. But your injury will hamper your efforts from going back to work and eventually a pay cut. Worker’s compensation should be able to take care of that. However, what will you do if your employer does not have a provision for worker’s compensation? Do you just wallow in the corner and take a leave instead? In these situations, you at least have to fight for your right. But just how are you going to do that? The answer of course is to file a worker’s compensation case. The problem now is how to win the case, and how to get what you are owed. With this enters these steps to help you get through.

While the idea of workers’ compensation is clear-cut, winning a workers’ compensation case is not always a walk in the park. Even with a case that has evidence in favor of the employee, there is frequently a chance that the employee will not gain access to the benefits of workers’ compensation. In order to know how to win or mainly

Health and Safety Management

download (11)Throughout October several changes in health and safety legislation took place. How to be safe and how to manage the safety of workers? RIDDOR(Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), First Aid Regulations, Young people at work regulations, are just few of the recent changes among the many bits and bobs of that the authorities were trying to adjust or remove. Ever since the Lofsted Review the Government has been aiming to make it easier for all of us…

Less safety requirements do not necessarily simplify things, at least not for everyone. Overall, there are lots of positive changes; however some of them are not as clear and simple as they were intended to be. Depending on the kind of service provided and the size of your business, those new changes would may impact you in some way. The truth about this new approach the authorities are promoting is that everything is simplified and easier, but the penalties and fines are even higher for those who make mistakes. Everything is an attempt to be direct and straightforward for you to comply, however if

Solve Your Credit Card Debt Problems – Seek Help of a Good Credit Attorney

download (10)Are you floating into the sea of credit debt trap? Well, you need to know that you are not alone in this but there are several Americans too who are facing the same kind of problem. Such situations are increasing because you are forced to swipe your credit cards due to insufficient money. Besides this, if you aren’t employed in a good firm, then you are not making good bucks for sure. Also, using the plastic money too frequently and spending beyond your means will lead to unnecessary debt problems. Do you want to overcome your debt problems? If yes, then what are you waiting for? You may take the help of a good lawyer and ask him to help you with the credit card payments. They may even help you with your rights and draft a suitable repayment plan so that you can get rid of debt problems soon.

Some ways how a credit attorney can help you with the credit bill payments

If you have accumulated extreme credit debt and you know not how to repay them, seek help from a lawyer. Check

Who Is Ultimately Responsible for Worker Safety?

images (2)Most workplaces have policies making safety everyone’s responsibility and signs advising workers to identify safety hazards. The law is more limited in its approach. When workers become deceased or seriously injured while acting within the course and scope of their employment, the injured workers must receive compensation for their injuries.

A Note on Workers’ Compensation

Employers in all 50 states are required to cover employees under their workers’ compensation insurance policies, which provide benefits to the employee in the event of the employee’s injury while on the job. Such benefits include compensation for medical bills, lost wages, and benefits payable upon one’s death. This labor-related law was designed to proved an economically viable alternative to costly litigation between employees and employers. As a result, workers’ compensation coverage generally forecloses civil litigation arising from workplace accidents.

Workers covered under workers’ compensation are generally not eligible to sue for injuries sustained in workplace accidents. However, the construction industry commonly uses laborers who are not fully documented, as well as subcontractors for many tasks. Independent contractors are not covered under workers’ compensation statutes, making them eligible to file claims

Important Labor Laws You Should Know When Starting a Business

download (9)Whenever you are looking to start a business (doesn’t matter if it is an online or offline venture), it’s always good to get in touch with legal experts or local governing bodies to get an idea of laws and regulations that will affect your business. From advertising and marketing to workplace safety, and finance to intellectual property laws, there are certain rules and regulations that you need to abide by, not to forget the licensing or registrations that you will have to go through before commencing a business.

Business laws can differ from one country to another and one state to another state, so it’s always advisable to do the due diligence and save your business from trouble later on. There are certain laws that affect a specific type of businesses, for example, the food safety laws are devised for businesses dealing in food & beverages, or import and export laws for businesses involved in import and export. But there are some laws that affect almost all businesses, for example income tax laws or labor laws.

Labor laws consist of laws,decrees, rules, and regulations that

Occupational Hazards And Diseases

download (7)The increase in awareness about the rights of people of the working class has led to growth and wide acceptance of the concept of ‘occupational health and safety’ which is required for moral and legal reasons but also for financial reasons. Health and safety of workers in any professions or occupation is essential to increase their efficiency and productivity. Occupational health and safety which is also referred as OHS puts a duty on the Employer to ensure the safety of all employees working for him and associated with his establishment against all occupational hazards. Occupational diseases are the diseases that a worker becomes victim of due to the nature of work that he undertakes. It is a part of the occupational hazards.

Due to the awareness spread against occupational diseases and the efforts of the ILO (International Labor Organization) to protect the workers from such hazards, most countries including United Arab Emirates have drafted laws to protect and provide for safety measures by the Employer for the prevention of occupational diseases. The regulation of labor relations law which is the federal law no. 8

Detroit Retirees Ponder Future Pension Cuts in Wake of Judge’s Bankruptcy Ruling

download (6)Now that the City of Detroit has been given the green light to proceed with restructuring under the protections of Chapter 9 of the U.S. Bankruptcy Code that govern municipalities, potential large-scale cutbacks, including the pensions of city retirees and steep losses for unsecured creditors, are likely the order of the day.

Reading aloud from prepared text for more than one hour, U.S. Bankruptcy Judge Steven Rhodes ruled on December 3rd that Detroit is officially eligible for bankruptcy because it met the specific legal criteria required to receive protection from its creditors. As a result, Detroit now holds the title of ‘largest bankrupt city in U.S. history.’

Detroit is $18.5 billion in debt, and says retiree benefits and retiree healthcare account for half of its liabilities with $5.7 billion of debt stemming from retiree healthcare and an additional $3.5 billion in unfunded pension liabilities.

Although Rhodes ruled the city did not “negotiate in good faith” with its creditors, he called those negotiations “impracticable,” since many of the more than 100,000 creditors were unable or unwilling to negotiate in the first place.

As part of the restructuring, Rhodes

Youth Employment Regulations

download (8)Youth of a nation is considered to be the future of the nation and therefore it is essential to guide them in the right directions and protect them from exploitation during work. Work according to law1 is defined as the human effort whether intellectual, technical or physical, exerted in return for a wage it may be permanent or temporary in nature. The federal law no. 8 of 1980 concerning the regulations of labour relations (hereinafter known as ‘the law’) provides for special provisions for the youth of the nation. Article 20 to article 26 of the law pertains to regulating the employment conditions of a youth and the present article evaluates and discusses the same.

First, it is important to understand who all come within the definition of the term ‘youth’. The term is not defined in the present law and therefore the general meaning of the term is to be looked into. In general terms, the term ‘youth’ means the phase of life which comes between childhood and adulthood. The age till which a person is said to be in childhood is not

UK Government Announces Plan to Reduce the Gap in Gender Pay

download (5)The UK government has recently announced that there will be a £2 million fund spent on initiatives aimed at reducing the gender pay gap between males and females. The funding will be spent on training, events, and monitoring programmes to help females move from low paid and low skilled work into jobs that are higher paid and higher skilled.

The measures will also hopefully help female employees in the event that they need to hold their company or employers to account over equal pay, or the lack thereof.

Currently the overall, average pay gap is 19.7%, and though this figure has been reduced from 25% in the last ten years, it still reflects unfair treatment of workers – in particular elderly and part-time employees. One reason for the gap is that there are more women, on average, in low paid jobs. The scheme will be looking to offer the necessary training to aim to help them move into the higher paid positions, careers and professions.

The initiative is to be carried out the by the UK Commission for Employment and Skills and will target women working

Injury by Accident V. Specific Traumatic Incident

imagesThere are generally two requirements for an employee who is injured at work, to qualify for Workers’ Compensation: (1) the employee must suffer by accident; and (2) the injury must arise out of and in the course of employment.

As a general rule, employees must suffer an injury by accident in order to give rise to a claim under the Workers’ Compensation laws. The term “accident” has been interpreted as an “unlooked for and untoward event which is not expected or designed by the injured employee.” For example, injuries by accident often arise in the construction context. An employee that falls from a ladder or trips into a hole would likely be able to claim any injuries resulting from that accident under the Workers’ Compensation statute. Likewise, a welder who is injured due to an equipment malfunction or a supermarket worker who slips on a wet floor could also claim. Satisfying the injury by accident standard does not automatically result in a claim being valid. However it is an essential element. On the other hand, an employee who claims a workplace injury but cannot reproduce

Should Restaurants Ban Tips?

download (4)Tipping is unspokenly mandatory. So much so that waiters have been known to chase after diners who leave less than the expected 15% of their tab. And this is with good reason. Federal law basically allows waiters to be paid below minimum wage – with tips meant to make up for the difference. This is why waiters are paid as low as $2.13 per hour in some areas. Even in New York, the starting pay is only $5.00 an hour in restaurants.

However, more and more restaurants are starting to ban tips. It has become common for some restaurants to include the tip for groups of six or more. Others are now including it for all tables and in their menus. Admittedly, this makes a restaurant seem more expensive than one that has lower prices on the menu but fully expects a proper tip left behind. People just generally don’t think of the tip as a real amount to factor into a meal’s price.

Why ban tips?

There are several reasons for eliminating tips. First of all, the amount of tips left by people varies widely,

How to Ensure You Are Getting the Benefits You Deserve

download (2)If you are injured at your place of employment as the result of an accident that prevents you from returning, then you are entitled to workers’ compensation. The system is put into place to cover medical costs and protect employees who can no longer earn an income because of injuries they sustain while working. Like most government systems there is a high rejection rate, in part to save money and also because of the many people who submit false claims. Even though the system is difficult, there are some things that you can do to give yourself the best possible chance at receiving the benefits you deserve.

Make Sure You Report Every Injury Sustained

Every time you are injured on the job or get ill because of work, you need to report it to the proper channels. It’s not enough to tell your boss and walk away; you need to have it in writing which means filling out a detailed incident report. If you aren’t given a report to fill out then your employer will have no record of the injury and may deny that

Occupational Health and Safety Industry Best Practices

downloadThe primary objective of the Occupational Health and Safety Act is to ensure that safety at work is achievable in every organization big or small. By complying with this act, you can address issues that may pose danger to your employees, well before any untoward incidents occur.

Workplace inspections serve a critical role in fulfilling this objective and in maintaining a safe, productive work environment where your business can flourish. These are planned walk-through activities carried out in the work premises to critically examine various factors. Some of the aspects that may be covered are materials, buildings, equipment and so on which may potentially pose danger.

One should call in competent, experienced, safety consultants to outline how an effective safety inspection should be carried out for your workplace. Keep in mind that the nature of business, the kind of processes involved here, the kind of equipment being used etc have an impact on which aspects need to be covered during your workplace inspections.

Planning your Inspections

To carry out a truly effective inspection, it needs to be thoroughly planned where every important aspect is taken into consideration. Hiring

New White Collar Overtime Exemption Rules Are Coming, Now What?

download (1)On December 1, 2016, employers will have to pay more to take advantage of the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemptions. To prepare for the upcoming change, employers need to know whether and to what extent they will be affected by the new overtime exemption regulations.

The new rules focus primarily on the minimum salary and compensation levels needed to qualify for the FLSA’s executive, administrative, professional and computer employee overtime exemptions. Employers can ask the following questions to determine the potential impact of the new overtime rules before it’s too late.

Are there any employees classified as exempt under one of the FLSA’s white collar overtime exemptions? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question.

Do any of these employees ever work more than 40 hours in a workweek? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question.

Do any of these employees earn a salary of less than

A Tool or a Fool for Discrimination?

download (29)12Disclaimer: This is an entirely fictional account, created to relieve the writer of the usual dry restraints of technical writing and to relieve you the reader the misery of reading it. Employment litigation after all is about the people and their stories.

Discrimination: Staking the Odds or Stocking the Shelves, That is the Question.

Algis stocked shelves and checked out customers in the local supermarket chain store. Gordon wasn’t too sophisticated in matters of social grace, but he had a basic respect for all people – a trait taught to him by his Lithuanian mother, Lina. Lina immigrated here as a young girl and raised Algis as a single mother. Algis grew up with stories of how men at his mother’s work harassed her. He wasn’t about to let that happen to the young women at the grocery store.

Gordon was Algis’s supervisor. Gordon was married, overweight, and gruff. He viewed himself as quite the charmer, despite complaints of body odor. He became a store supervisor just a year earlier. Algis had worked for the supermarket chain for nearly 15 years, and had seen a number