Archive for 2009

3 Alarming Asbestos Facts

October 20th, 2009. By AbiK

Do I sound alarmist? or more aptly, alarmed? I am. I was writing an article on Asbestos and Asbestos Mesothelioma—and the more I researched the more alarmed I became. If you’re like me, asbestos mesothelioma—while indeed an awful, deadly disease—seemed to be something that only shipyard workers, miners, construction workers and veterans had to fear. Or I associated it with legal ads that start out “Have you or a loved one….” But a little research yields some pretty alarming facts about asbestos—and it’s changed my opinion about who’s really affected by asbestos exposure into “this means YOU”. 

Asbestos Alarm 1: Asbestos is in more places than you think

A little tooling around the EPA site gave me the following:

The EPA estimates that there are asbestos containing materials in most of the nation’s approximately 107,000 primary and secondary schools and 733,000 public and commercial buildings.

Damaged ACM (asbestos-containing material) is more likely to release fibers than non-damaged ACM. In a 1984 survey, EPA found that approximately 66 percent of those buildings that contained asbestos contained damaged ACM.

With three young kids sitting (right now!) in a school building that was built between 1930 and 1950, when asbestos was widely in use, those two statements above are giving me pause. I understand that asbestos removal is not always the best course of action as it can create a problem where perhaps one did not exist—however, that second statement—the one indicating that approximately 66% of buildings with asbestos contain damaged asbestos—i.e., the kind Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma
Posted in Defective Products, Personal Injury | No Comments »

Gaiam feelin’ FREE to tout bpa FREE and FREE shipping

October 19th, 2009. By AbiK

Gaiam Bottles (the BPA-free version we trust) with free shipping…but hurry, offer ends October 31st!

There’s something subliminal about those Gaiam merchandisers touting FREE shipping on what should now be FREE of BPA water bottles, no?

If you haven’t been following the news on Gaiam’s little marketing misstep, read on.

If you have, just thought you’d appreciate the very coincidental ad…which happened to appear in today’s San Jose Mercury News’ online edition.

Tags: BPA, Gaiam
Posted in Defective Products | No Comments »

Lasik Surgery: FDA keeping a watchful eye…

October 19th, 2009. By AbiK

Lasik surgery’s been around for a while now (since the late 80’s, with the first Lasik laser being approved for use in 1998). And reports indicate some 6,000,000+ have had Lasik. I only know of one person who’s had it done and she raves about it. So much so that I even looked into it myself, but my ophthalmologist rejected me. It was worse than being dumped. So, while I cursed him at the time, the fact that the FDA is now beginning its study of Lasik long-term effects and post-procedure “quality of life” has me feeling a little better.

But it’s also got me thinking…what’s going on? Why now? The FDA doesn’t just casually decide to start snooping around in someone’s backyard…right?

Any time the FDA starts snooping around something (and this time it’s in tandem with their sending out warning letters to 17 Lasik facilities that were not properly reporting problems with Lasik procedures) I raise an eyebrow. Yes, I’m a bit jaded in the line of work I’m in. But you have to wonder why Read the rest of this entry »

Tags: FDA, Lasik
Posted in Drugs/Medical, Emerging Issues | 2 Comments »

Capital One: Low Blow to Low Interest Rates

October 19th, 2009. By LucyC

Capital One got hit with a potential class action lawsuit this week, and one guess what it’s about? Interest rate hikes on its supposedly low interest rate credit cards. 

I would dare to hazard a guess that unless you live in a cave, you have likely seen one of the several Capital One’s ads promoting their low interest cards… you know the “what’s in your wallet?” campaign? Not a lot by the time Capital One is finished with you, from the sounds of things. 

The back story is sadly, not unique, but rather the predictable narrative of deceptive business practices which appear to have become the hallmark of big banking.

Capital One, the suit alleges, raised interest rates on many card holders whose accounts were in good standing. Why? Read the rest of this entry »

Tags: Capital One, credit cards
Posted in Financial | 1 Comment »

Overtime Pay Part 2: Revenge of the Administrative Assistants

October 18th, 2009. By Kristine B

Okay, so it may sound like a really bad, B movie. But the truth of the matter is that a lot of people are not getting their overtime pay because they have the words “managerial,” “administrative,” or “executive” in their job title. But those titles alone don’t make a person exempt from overtime. So for Pleading Ignorance this week, we’re looking at the ins and outs of exemption from overtime pay. 

To refresh your memory, last week we looked at the three questions that you must answer “Yes” to in order to be considered exempt from overtime pay—meaning if you answer ALL 3 questions with a “yes”, you are not entitled to overtime pay.

The first question is pretty straightforward… 

1. Do you make at least $23,600 per year (or $455 per week)? 

If “No,” then you are eligible for overtime pay and you needn’t go further. But, if you answer “Yes,” then move on to the next question… 

2. Are you paid salary? 

To be exempt from overtime pay, you MUST be on salary. Employees who are paid an hourly rate are eligible for overtime pay. Fair enough. However, just because you are paid salary doesn’t mean you don’t qualify to get the extra bucks if you work extra hours. Remember, you must have answered “Yes” to all three questions, not just the one about the salary.

The first two questions are pretty no-brainer—but the third question is where things get screwy because it can appear to have a lot of gray areas. But in reality, it’s pretty straightforward as well…

3. Are your main job duties administrative, professional or executive? Read the rest of this entry »

Tags: Exempt, Overtime Pay, Pleading Ignorance
Posted in Emerging Issues, Pleading Ignorance | No Comments »