Top 3 Problems with Overtime Pay

August 11th, 2009. By AbiK

So, you think everything’s on the up and up when you and your employer make a little agreement on how you’ll be paid for overtime. Usually, everything is on the up and up. But when it comes to exactly how overtime pay is paid out, things can get a little sticky. Here, 3 tricky examples of when overtime pay agreements may seem legitimate in your eyes and your employer’s, but not to the federal government. In this case, big brother’s watching, and it’s a good thing…

1. Fixed Sum for Varying Amounts of Overtime

Any time there’s an agreement for a lump sum to be paid for work performed during overtime hours without regard to the number fo overtime hours worked, it does not qualify as overtime pay—even if the lump sum amount is equal to or greater than the amount of overtime that would be paid on a per-hour basis. Read the rest of this entry »

Get Ready for the Social Security Disability Insurance Tsunami

August 10th, 2009. By janem

Increasingly, as aging and injured baby boomers make claims, a Social Security Disabilities Insurance tsunami will likely make landfall soon. Compound that with the recession and at least 10 states ready to furlough hundreds of employees who process initial benefit claims: more waves are predicted.

According to unions.org, two out of every three Social Security Disabilities Insurance applicants initially are denied. And the Associated Press reports that since last October, the number of people waiting to have a claim processed has jumped a whopping 30 percent, from about 556,000 eight months ago to more than 736,000 in July of this year. Some applicants wait years to resolve their claim, but about 61 percent of those who appeal are ultimately approved for benefits. So if you are initially denied, DON’T GIVE UP.

What You Can Do—Here are some great tips from disabilitysecrets.com:

1: Take everything you are told about your Social Security Disability claim with at least one grain of salt.

2: Get copies of your medical records and supply these with your SSD or SSI disability application.

3: Respond to letters and notices regarding you disability case promptly–from social security, DDS, or your attorney.

4: The rule of three always applies–for those who are applying for benefits or appealing a denial.

5: If you are denied for Social Security Disability or SSI, you will need to file an appeal.

6: Call DDS for updates on your SSD or SSI claim, not the local Social Security office.

7: If you have dire financial problems and have a Disability case, let people know.

8: If you have child support obligations which you cannot fulfill, ask your attorney or representative to help.

9: Contact your congressman or senator to help you with your Social Security Disability or SSI claim.

10: If you have been approved for Social Security Disability or SSI, you will receive…

11: Get your doctor to write a supporting statement for your Social Security Disability or ssi case.

12: Make sure your doctor REALLY DOES support your SSD or SSI disability case.

AND 2 more important tips: you may want to consider legal help:

13: Representation will increase your chance of winning Social Security Disability or SSI benefits.

14: If you have representation on a Social Security Disability or SSI disability case, keep your attorney fully informed.

Shoulder Pain Pumps: Career Breakers for Young Athletes?

August 8th, 2009. By janem

Amazingly, shoulder pain pumps are still in use, even though over 2 years ago (July, 2007) the American Journal of Sports Medicine associated postarthroscopic glenohumeral chondrolysis (also known as PAGCL) with ” intra-articular pain pump catheters eluting bupivacaine with epinephrine”, i.e, shoulder pain pumps. In fact 12 out of 19 patients who were treated with this pump developed PAGCL-AKA dead cartilage.

The American Orthopedic Society for Sports Medicine concluded that “Intra-articular pain pump catheters, especially those eluting bupivacaine with epinephrine, should be avoided until further investigation.” And they’re the experts, so why has the FDA only slapped a black box warning on pain pumps?

It’s bad enough suffering a serious shoulder injury. But say you’re a healthy young athlete, at the height of your career, and your doc gives you a medical device to feel better. Instead, it makes you worse-forever. But for the use of the pain pump, you could have recovered, you could’ve been a contender!

Now, this medical device has prevented you from playing and competing in the sport you love. Shoulder pain pumps can be career breakers. Do you blame the doctor? Allegedly, pain pump manufacturers directed doctors to use the pumps in a manner not approved by the U.S. Food and Drug Administration. But I’d be wondering why the FDA approved this device in the first place…

Foodborne Illness: The Proof is in the Poo

August 7th, 2009. By janem

If you have contracted a foodborne illness, the last thing on your mind is getting a stool sample—you just want to stop the nausea and diarrhea and all the other nasty symptoms that are associated with food poisoning. And chances are, your doctor may not ask for one; he is focusing on getting you better. But if you are contemplating a lawsuit, insist on getting a stool sample, before taking any antibiotics.

If you want to pursue a foodborne illness lawsuit you must prove that (1) the food product you ate was contaminated and that (2) the contamination was the cause of your illness.

Determining the specific food culprit sometimes isn’t so easy, particularly if there is a time delay between eating the food that made you sick and developing the food Read the rest of this entry »

61 Companies with Wage & Hour Overtime Pay Issues

August 7th, 2009. By AbiK

And that’s the tip of the iceberg—the list below are companies that have either had claims brought against them for FSLA overtime pay issues or have actually settled with claimants in regard to overtime pay. The list itself, compiled from LawyersandSettlements.com archives, covers 2003-present.

But the 5th Annual Workplace Class Action Litigation Report, published by Seyfarth Shaw back in January, also reported that wage and hour class actions in 2008 for the top ten private settlements entered into or paid totaled $252.7 million. No small chunk of change—and that was just 2008, just the top TEN.

So if you’re thinking that working overtime without pay is just something you have to put up with for the privilege of having a job–or that it doesn’t happen too often, guess again. And if you think you might be in such a situation, you might want to talk to a lawyer.

61 Companies…

Abercrombie & Fitch ($2 million settlement)

Activision Inc.

ADT Read the rest of this entry »