Methelioma Sokolove Law

Unpaid Overtime and Wage Violations

The laws that were designed to protect hardworking Americans are being ignored by an increasing number of employers as a cost cutting measure during today’s tough economy. From unpaid overtime to employee misclassification, employment violations are committed every day across the nation. In fact, wage and hour lawsuits have increased dramatically in the last decade. Workplace violations aren’t limited to minority populations, low-paid workers or the uneducated. Everyone, regardless of income level or background, is potentially at risk.

Wage and Hour Terminology

Exempt Employee

“Exempt” employees earn a set salary and are not eligible for overtime under the law. In general there are 3 criteria that must be looked at in order to be classified as an exempt employee which are salary level, salary basis (set amount for a set time) and duties.

Non-exempt employee

“Non exempt” employees are not exempt from overtime under the law and are eligible to overtime pay if more than 40 hours are worked in a workweek.

Wage

As an employee, you perform certain duties, and in turn you’re paid the wages you and your employer agreed on. This arrangement can work well, as long as both you and your employer stick with the agreement—and the agreement complies with the law.

Overtime

Unless you’re specifically classified as an “exempt” worker, under the Fair Labor Standards Act (FLSA), your employer must pay overtime wages for any hours you work over 40 hours in a workweek. Overtime wages must be paid at a rate no less than one and one-half times (150%) your regular hourly rate.

Unpaid Time

As a non-exempt employee, you’re entitled to wages for all the time you work and any other compensation you earn. The time you work generally includes all the hours you’re in service to your employer, even if you’re not doing your usual duties. If you attend on-the-job meetings or training, for example, your employer must pay you for those hours.

Misclassified employees

Companies sometimes refuse to pay overtime wages on the basis that employees are “exempt”. Perhaps they fail to provide benefits because workers are “independent contractor.” The company’s reasoning is fine – if your classification is appropriate. Misclassification of employees is a common problem, however. According to the U.S. Government Accountability Office (GAO), in 2007, states uncovered at least 150,000 workers whose employers misclassified them as independent contractors when they should have been classified as employees.

Examples of Employment Violations

Workplace violations occur in many ways and can happen in many professions such as the Medical, Retail/Sales, and Administrative fields. See below for instances of FSLA violations.

Nurses and medical staff paid on an hourly basis are frequently denied overtime pay. Millions of dollars in back wages have been spent by the nation’s hospitals to settle unpaid overtime and other wage claims brought by the government and hospital employees.

Hourly employees are often misclassified by employers as exempt or independent contractors when they are actually non-exempt employees and entitled to overtime and other benefits such as lunch or rest breaks, travel or training time, on-call time and off-the-clock-work.

Assistant managers are often given the same responsibilities as managers, but do not hold proper authority if another manager is present during their working hours. These individuals are entitled to compensation and benefits in accordance with their management position.

The Fair Labor Standards Act (FSLA)

The Fair Labor Standards Act (FLSA) guarantees certain workplace rights and protections for employees. Theft of wages causes financial hardship for workers who are trying to provide for their families in this challenging economy. You may be one of them.

Take a Stand Today

If you or someone you know has been denied overtime pay or been misclassified by an employer, you may be entitled to compensation and lost wages. Fill out the form on this page or call (888) 775-1428 today to receive a free case evaluation from one of our attorneys. We’ll start processing your form within 24 hours and, if you have a case, quickly work to fight for the money you may be entitled to. We have more than 30 years of experience helping our clients obtain the justice and fair compensation they deserve, so act now.

Military Plane Crash Injuries

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you. Military plane and helicopter crashes kill dozens of armed forces members each year. Many of these crashes could have been prevented. Some result from the use of old aircraft that were unfit for service, others from new aircraft with a design defect. In other cases there are gross lapses of safety procedures or pilots with inadequate training.

Taking Action

Military Service Personnel (Active Duty, Reservists, and National Guard) are severely restricted in taking legal action against the government. However, lawsuits may be brought against the manufacturers of military aircraft.

Private citizens injured by military aircraft can sue the government under the Federal Tort Claims Act. The Act allows the United States to be sued “as if it were a private person,” for the negligent acts or omissions of its employees. Under the Act the victim must file a claim with the responsible agency within two years of the injury, among other requirements.

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.

Military Burn Pits

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you.

Because of potential health hazards, such as cancer, respiratory problems, skin lesions and infections, burning waste as a means of disposal has been curtailed in the United States.

On military bases (including Balad Air Force Base in Iraq and Bagram Airfield Base in Afghanistan) highly toxic chemicals, plastic bottles, paints, and unexploded ordnance, were routinely burned in open pits. As a result, many members of the military, who lived or worked on or near those and other bases are developing serious health problems because they were exposed to toxic smoke.

Although the Department of Defense claims there are no health problems related to the waste burning, a 2008 report by a non-profit research organization says the US Army is creating a toxic mess in Afghanistan and Iraq and has no effective policy to ensure that troops are protected from environmental problems. Meanwhile, the Veterans Affairs Department is gathering information from the soldiers to try to determine if their claims are valid.

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.

Diesel Exhaust May Cause Cancer

Two new studies suggest that diesel exhaust may cause cancer, according to a cancer group associated with the World Health Organization.

The International Agency for Research on Cancer (IARC) says the two studies are the first to provide evidence that links diesel exhaust to higher rates of cancer, according to CNN. The IARC has classified diesel exhaust as a potential cancer-causing agent for twenty years.

The two studies were based on data gathered from the National Cancer Institute on more than 12,000 mine workers. The studies show that workers exposed to diesel exhaust underground had an increase in lung cancer rates, And those with the greatest exposure had higher cancer rates. Workers with the highest exposure tripled their rate of death from lung cancer in one study, according to CNN, while the other study found death rates increased five-fold.

The National Mining Association claims the recent studies are not relevant because they looked at workplace exposures from the 1950s to the 1990s, which does not reflect the changes in technology that have led to reduced exposure.

In addition to miners, transportation workers are frequently exposed to diesel exhaust fumes on the job. Earlier studies suggested these and other workers may be at risk for developing life-threatening conditions such as obstructive lung disease and cancers due to diesel fume exposure.

If you or a loved one has been harmed by chemical exposure, contact Sokolove Law for a free legal consultation and to find out if you have grounds to pursue legal action.

Chemical Birth Defects

Understanding Chemical Birth Injuries

Chemical exposure during pregnancy may have harmed your child. Learn more about a how a chemical exposure at work could have caused your child’s birth defect.

- Birth Defects Overview

- Defect Causing Chemicals

- High Exposure Industries

- Frequently Asked Questions

- Birth Defects Legal Process

Overview of Chemical Birth Defects

The birth of a child is one of the happiest times in a parent’s life, filled with hope and expectations. But if your child is the one out of every 33 children born with a birth defect, your joy may be dimmed by heartache and worry: What does the defect mean for my child’s future? How can I make sure my child’s life is as normal and fulfilling as possible? Where will I get the money to pay for the special care my child will need?

What happened to my child?

There are several possible causes of birth defects. Some cases can be linked to harmful agents or substances known as teratogens. While teratogens can be found just about anywhere – in prescription medications, or environmental pollution, for example – many of the teratogens linked to birth defects are harmful chemicals found in a parent’s workplace.

Exposure to Workplace Chemicals Is Common

On-the-job exposure to chemicals is common. In fact, more than 80,000 different chemicals are used in industries ranging from manufacturing to health care to personal care. Not all of them are teratogens, however, and finding out which one may have caused your child’s birth defect can be a challenge.

Although women who are in the first three months of pregnancy are the most likely to be affected by chemical exposure at work, exposure sometimes occurs before pregnancy. In some cases, the father is the one who was exposed and passed the chemical on.

Help is Available

If you believe your child’s birth defect may have been caused by chemicals you were exposed to at work, call our Nurses’ Desk today – or submit the form to initiate a call from them.

Beryllium

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you. What is Beryllium?

Beryllium, a metal, is lightweight, hard, non-magnetic and resistant to heat, making it a good electrical and thermal conductor. It is now widely used in numerous industries including aerospace, automotive, electronics and telecommunications. Beryllium can also be found in dental work, bicycle frames and tools, and dyes.

The Dangers of Beryllium

Beryllium, a chemical used in many industries, is a toxic substance that can be harmful. Exposure to it can result in serious injury and even death. An estimated 2 to 6 percent of workers exposed to beryllium eventually develop beryllium disease – scarring of the lung that leads to lung cancer. Of those workers, up to one third will die as a result of their exposure to beryllium dust and fumes. Approximately 800,000 workers in the United States work with and around beryllium.

The industries in which beryllium can be found include:

- Electronics (transistors, heat sinks, x-ray windows)

- Atomic energy (heat shields, nuclear reactors, nuclear weapons)

- Laboratory work (research and development, metallurgy, chemistry)

- Metal working (pure beryllium, copper and aluminum alloys, jet brake pads, aerospace components)

- Ceramic manufacturing (semi-conductor chips, ignition modules, crucibles, jet engine blades, rocket covers)

- Extraction (ore and scrap metal)

- Dental work (alloys and crowns, bridges, dental plates)

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.

Benzene

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you.

Benzene and Cancer

Benzene has been determined by the Department of Health & Human Services to be a known carcinogen – a chemical or physical agent that causes cancer. The most common cancer caused by benzene exposure is acute myelogenous leukemia (AML).

More than three million workers are potentially exposed to benzene every year. The use of benzene as a solvent has been banned in the US for more than 20 years, but unfortunately, there is still benzene in most petroleum solvents. Workers may inhale vapors from the solvent or absorb vapors through their skin.

Benzene ranks in the top 20 chemicals for production volume in the United States.

Benzene is used to make:

- Plastics and resins

- Nylon and synthetic fibers

- Some types of rubbers

- Lubricants

- Dyes and detergents

- Pesticides

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.

Workers’ Compensation

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you.

Worker’s Compensation: Work Related Injuries

Every day workers get injured on the job – these injuries may be serious, permanent, or even lead to death. The Occupational Safety & Health Administration (OSHA) estimates that 5,000 workers die each year from work-related injuries.

If you or a loved one is injured on the job, you are entitled to workers’ compensation benefits, regardless of who is at fault. The law requires employers to buy insurance and to compensate employees in the event of work-related injuries.

Workers’ compensation benefits usually cover your medical expenses and a percentage (usually one half to two thirds) of your wages while you are unable to work. In exchange for these guaranteed payments, you will not be able to sue your employer. You may, however, still sue any third party who may have negligently contributed to, or caused, your injury.

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.

Railroad Accidents

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We know who to talk to, where to find answers, and what steps you need to take. Let us put our 30 years of experience to work for you.

If you or someone you know has been injured while working for a railroad company, you may have rights and could be entitled to compensation under the Federal Employees Liability Act (FELA).

What is FELA?

The Federal Employees Liability Act (FELA) is a series of federal laws, originally passed by Congress in 1908 to protect the rights and safety of railroad workers. FELA created a system whereby injured railroad workers would receive legal compensation for their injuries.

Under FELA, railroads have a duty to provide safe places of work for their employees, safe equipment, tools and proper working conditions, and to ensure that employees are properly trained, equipped and supervised. FELA protects railroad workers and their families from the negligent acts of railroad companies or their employees which result in injury or death to the workers. FELA is the equivalent of workers compensation for railroad employees.

What is covered?

FELA applies to all railroad common carriers and their employees who are engaged in interstate commerce.

FELA covers four basic types of injuries:

- Sudden and traumatic injuries (broken bones, back strains, pulled muscles and tendons, lacerations)

- Repetitive stress injuries (carpal tunnel syndrome, tendonitis, hearing loss)

- Aggravation of preexisting conditions

- Occupational diseases (lung cancer, skin diseases, and asbestos related diseases)

Recovery of damages is generally allowed for injuries caused by:

- Negligence of the railroad

- Failure of the railroad to provide safe tools, equipment, appliances, or a safe place to work

- Violation of the Safety Appliance Act, Boiler Inspection Act or Power Brake Law hours of service and OSHA Regulations

Recoverable Damages

FELA allows for recovery of the following damages upon a finding of negligence:

- Past and future lost wages, including loss of benefits such as health and dental insurance

- Past and future medical expenses necessary for treatment of the injury (unless already paid or covered by insurance provided by the railroad)

- Past and future pain, suffering and mental distress If killed on the job, the worker’s survivors are entitled to recover all damages, without limit, which they have suffered as a result

If you or someone you love has been injured, you may be entitled to compensation. Contact us today for a free legal consultation.