Category: Law 

It is against the law for an employer to deny you employment or an opportunity for a promotion just because you’re pregnant or have a desire to have children in the future. Discrimination towards pregnant women is illegal under federal, state, and local legislation. While laws vary in scope and conditions, one thing is certain and that is pregnant women cannot be treated less fairly in her job as other non-pregnant employees. Under the law, a pregnant woman, or a woman recuperating from childbirth, is also entitled to job modifications, schedule changes, flexible time arrangements, and even paid time off from work.

What Are the Signs of Pregnancy Discrimination?

Pregnancy discrimination can take a variety of forms, some of which may be apparent and others that are not. It’s essential to be on the lookout for any signs of discrimination, no matter how minor or insignificant it may seem, because these early warning signs can often foreshadow more serious behaviors. If you encounter signs of pregnancy discrimination, then you may immediately file a complaint or take it to court if worse comes to worst. The following are some common instances that may indicate impending pregnancy discrimination:

  • Questioned about pregnancy or children during the employment process.
  • Constant criticism of your work which never happened before you were pregnant.
  • Promotion or raise discussions are put on halt.
  • An unexpected reduction in employment responsibilities.
  • Being excluded from any company meeting or events.

Employment Equality for Pregnant Employees

  • Maternity leave eligibility

If you are working while pregnant, you are eligible for 52 weeks (1 year) of maternity leave, regardless of how long you have been with your company. This consists of 26 weeks of regular maternity leave and another 26 weeks of extended maternity leave. There are also additional rights for pregnant women including foster and adoptive parents under the Family and Medical Leave Act (FMLA) that you need to be aware of. You may also propose that your employer provide flexible working arrangements if you desire to return to work after your leave.

  • Protection against unfair dismissal

A pregnant woman must know all her rights and laws regarding the pregnancy to protect herself. Women are safeguarded under the Pregnancy Discrimination Act (PDA) which makes it illegal for employers to discriminate against pregnant employees. Some of these discriminating acts are unfair dismissal, unequal opportunities for a promotion, and unfair treatment which will be covered in the next points. Under this law, you cannot be fired just because of your pregnancy or other pregnancy-related circumstances. Getting fired because of this reason is deemed unjust, and you can file an unfair dismissal suit.

  • Equal opportunities for a promotion

When you’re pregnant, there’s no justification why you shouldn’t seek a promotion. Equal opportunities must be given to pregnant women as well. When deciding whether or not to hire or promote you, your employer cannot take your pregnancy into account.

  • Fair treatment among employees

The Pregnant Workers Fairness Act is a measure proposed in the United States Congress in 2017. The Act bans employment practices that discriminate against pregnant employees from making rational accommodations for pregnancy, delivery, or associated medical problems. There should be fair treatment among employees, just because there is a pregnant woman doesn’t mean that she will be treated unfairly.

Conclusion

Employers should treat pregnant women who are temporarily unable to perform work responsibilities owing to a pregnancy-related medical condition in the same manner that they treat employees with any other temporary impairment. Some pregnancy-related illnesses may be classified as disabilities under the Americans with Disabilities Act (ADA) and may necessitate appropriate accommodations from an employer. For example, if a pregnancy-related ailment significantly impairs main living activities in a way that is not typical of a normal pregnancy, a woman’s employer may be obliged to make specific adjustments to comply with the ADA.

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Dementia is a medical condition in which people begin to lose a sense of understanding about themselves or the world around them. Those suffering from the affliction may find themselves shifting in personality, forgetting details and people, and becoming confused throughout the day. The sense of feeling lost is likely as you realize that you may not know who you or your loved ones are.

During the early part of your diagnosis, there may be ways to protect yourself and elongate your mental health. Try the following four things.

  1. Listen to the Doctors

While a cure does not exist, doctors seek therapies to alleviate symptoms and prolong life; therefore, patients need to speak candidly about symptoms and struggles, seeking ways to improve daily life medically. Physicians may assess your current state and then prescribe medicines that boost the brain’s memory and cognitive function.

  1. Plan for the Future

While you are still in full cognitive function, start to plan for the future. Dementia progresses differently for each person, and it’s best to have a written plan to guide your family in your personal wishes. Meet with a lawyer who specializes in the field of power of attorney Raliegh NC. Select someone you trust to take over your medical and financial interests when it becomes necessary.

  1. Spend Time on Yourself

Now is the time to truly indulge in what you love. Spend time seeing friends and family, making memories for you and them. In addition, devote yourself to your passions. Enjoy as much as you can.

  1. Stimulate the Mind and Body

Exercise the body and mind. Puzzles and games may assist in elongating your mental acuity, and regular physical assertion could combat dementia’s progress.

A dementia diagnosis doesn’t mean your life is stopping now. It may seem scary, but you still have the power to make decisions and battle the disease. Work with medical professionals and your family to strive to seek answers.

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Cases For Obtaining Delinquent Child Support In Florida

It can be quite difficult to obtain child support that is rightfully owed to you. The good news is, this money is legally mandated to be paid, so you have options to track it down. Since it can be such a hassle to get the money owed to you for child support, you might want to consider having an attorney do the hard work on your behalf. 

Anytime you have a divorce and the couple has children under the age of 18, the court is going to determine how much child support is owed and by whom it is owed. In most cases, this will be a monthly payment made from one half of the divorced couple to the other to support their children. The parents do not even have to go through a divorce. If they were never married, child support is still an issue. The problem comes when the person owing child support becomes delinquent in making the payments. 

How is Delinquency Defined?

Child support is not something that can be ignored. A person will owe money on a monthly basis and if that payment goes unpaid for as little as 15 days, it is considered delinquent. The person will then receive a Notice of Delinquency. Typically, the child support plus the amount of fees will need to be paid within 20 days or a judgment will be brought against the person who did not pay. This is where a lawyer can help you. A judgment can act as a lien against any property the person owns, meaning a lawyer can help you get the child support you are owed by going after the assets owned by the delinquent party.  

Is a Delinquency Considered a Felony? 

Believe it or not, there is a threshold for child support in the state of Florida. This means that any child support past due that exceeds $2,500 and is overdue for four straight months, can amount to a felony. 

This is why it’s important to get a lawyer engaged immediately. They can track the amount due to you and how long it has been overdue and then take immediate legal action on your behalf. 

What is the Penalty for Delinquent Child Support? 

Now that you know it can be a felony, what exactly are the penalties? For starters, the guilty party can have their Florida Driver’s License suspended. But, they could also face jail time.

Enforcing Child Support 

Let’s face it – the easiest way to get child support is to have those checks arrive on time every month. However, there is a public agency that can help enforce child support. The Florida Department of Revenue (DOR) is responsible for tracking child support payments and ensuring they are paid on time. There are even ways to track down the delinquent party no matter where they live. 

It is best to seek Legal Counsel for Delinquent Child Support

No matter which party you are in a child support case, the payer or the payee, an attorney can help you sort out any problems you are having. An attorney can help you wade through the complicated legal system and make sure all child support is made on time and in the right dollar amount. 

You can represent yourself, but it is not easy. Let an expert guide the way that knows the ins and outs of Florida family law. 

What about Joint Property? 

If the divorced couple owns property together, this can complicate matters. A lawyer can help you navigate joint property. If this part of a divorce isn’t handled right, you and your children could feel long-term ramifications in the form of miscalculated child support. 

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One thing you most likely do not know is that there are over 1 million people who are arrested under DUI charges every single year. People do try to find new ways to outsmart breathalyzers as they go out and party. The problem is that this is not the correct approach.

There are several DUI misconceptions that you should not believe. Let’s debunk the most common myths and you will be able to act much better when faced with such an unwanted charge.

BAC Needs To Be Over 0.08% To Be Charged With A DUI

Most people believe they can be charged with driving under the influence only when BAC (blood alcohol content) is over 0.08%. In reality, the police officer can even arrest you when they think you are impaired by the influence of alcohol. This does not take BAC levels into account.

BAC is often seen as enough needed proof to convict an individual. But, what you should know is that test results validity can be challenged. An experienced DUI lawyer will help you to put up a good fight against the conviction.

You Cannot Be Caught If You Are Careful

You can be the most careful of all the drivers in the world and still end up caught as you are driving drunk. There are much stricter DUI laws right now than in the past. Because of this, there are DUI checkpoints that keep popping up literally everywhere.

A law enforcement officer would be able to detain you in order to check and see if you are driving while impaired. When the test is failed, you can be arrested.

You Have To Be Caught Driving To Be Arrested

There is this common belief you will just be charged with the DUI when you are behind the wheel and you are caught. This is completely incorrect. The police officer can give you the DUI simply after seeing that you got out of the car and you acted drunk. This is because there is a reasonable assumption that the driver was intoxicated. You can thus be arrested for the DUI even after you get out of the car.

BAC Levels Are Lowered If You Just Wait One Hour

Waiting for the alcohol to get out of your system is practically the only really good way to guarantee your BAC is lowered. However, this does not mean that you can simply wait for one hour and you will avoid the DUI charge. The same goes for eating, which can combat alcohol’s narcotic effects but cannot lower BAC levels.

Keep in mind that studies showed the fact that BAC is at the highest possible levels around 1 hour after the last drink. When you wait for it to go down, it is simply not a good idea.

The truth is that the very best way to completely avoid the DUI charge is to simply not drink. Alternatively, there can be a designated driver to help you get back home.

Obviously, one of the best possible ways to protect yourself after being charged with a DUI is to get the help of an attorney. You can find one here:

The Defenders Criminal Defense Lawyers
830 South 4th Street, suite 100 Las Vegas, NV
89101

 

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Even after his passing, the late Michael Jackson is still one of the most famous musicians in modern history. Throughout the years, he gained massive popularity and drew major controversy alike for a variety of reasons; nevertheless, those close to him are determined to pay his memory honor and respect. John Branca Attorney and legal representative to Jackson during his career, has gone to great lengths to preserve his legacy and remind fans and critics across the globe of what he truly was: talented, real, and human.

John Branca on Being a Music Lawyer from John Branca on Vimeo.

This Is It and Sony

Released in 2009, this documentary followed Jackson and his stage crew as they prepared for the upcoming This Is It concert series. Receiving praise from audiences worldwide, this film earned the title of highest grossing music documentary of all time — the following year, John Branca negotiated one of the largest record deals in history with Sony. The deal centered around the gradual release of 10 CDs over an extended period of time, including previously unreleased songs. In the spirit of continuing to preserve and reimagine Jackson’s music for future generations, Branca and Sony agreed to extend the record deal in 2018.

Cirque du Soleil Tours

John Branca, on behalf of Michael Jackson’s Estate, produced a show with Cirque du Soleil that would go on to become the 8th highest grossing tour of all time: Michael Jackson THE IMMORTAL World Tour. This tour has been enjoyed by millions of fans across four continents, and was followed by a second critically acclaimed venture — Michael Jackson ONE was a wildfire success and became a permanent show in Las Vegas’ Mandalay Bay. The show notably gave Cirque du Soleil its biggest opening ever in the city.

Unreleased Music and More

Several posthumous albums have been released by John Branca and the Estate on Michael Jackson’s behalf, making his music accessible to new listeners everywhere. In 2014, Xscape was released with a variety of Jackson’s previously unreleased works. The album became one of the top sellers of the year, and The King of Pop’s legacy only grew in its wake. The following year, Thriller officially became certified 30x multi-Platinum in the U.S., the first of its kind in RIAA Gold and Platinum history.

Michael Jackson was beloved by fans everywhere, and his death left an immovable mark on history. Thanks to representatives like John Branca, his fans can be certain that his legacy lives on in bold, raw splendor.

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Hiring a legal expert to handle your case will help you maneuver the proceedings. Seasoned and experienced lawyers understand effective strategies applied in court. The nuances of negotiation can be difficult to handle to achieve the best outcomes. A truck accident attorney will help in the litigation process. The strategies used by lawyers are different depending on the type of case. The strategies involved in civil litigation cases include;

Pleading

These are formal documents written and filled in as a civil lawsuit. In short, it forms the case and is filed at different times along with the legal proceedings. Pleadings are public records unless the court orders otherwise. Different court rules stipulate how pleadings are written. Some of the court rules include;

  • Filing fees
  • The place to be filled
  • How the pleading should look

The most common pleadings in courtrooms of different jurisdictions include amended pleadings, complaint, counterclaim, answer, and cross-claim. Lawyers use these tactics to try and delay the judgment at the trial level.

Discovery

This is an important process in civil cases in understanding the circumstances surrounding your lawsuit. Mostly, this process is completed before the settlement and trial begin. Discovery allows parties involved to exchange information, evidence, facts, and witnesses. It is through discovery that a legal expert will analyze and evaluate the information about the case. Mainly, the discovery process includes three phases.

  • Interrogatories
  • Request for production
  • Request for admission

In the three phases, your lawyer writes to request specific information and tangible documents that will be used in developing your case.

Depositions

This stage of civil litigation is sometimes part of the discovery process. Depositions involve recorded statements of witnesses by a court reporter. Additionally, the court reporter may be tasked to transcribe the deposition. Your lawyer or opposing counsel may ask for depositions from expert witnesses. Depositions are important as they help capture the minor important details of the accident or scene before the witnesses forget. Also, depositions are helpful as one may decode untruthfulness in the witness statements. Depositions are sworn statements under oath, and one gets arrested for lying. The depositions are used in the trial process at any stage.

Trial

Depending on the losing team’s approach, the trial process may be the last stage in the litigation process. In other scenarios, the lawsuit does not achieve this process. After all the evidence is collected, both parties may agree to settle. In the trial stage, the judge explains the law in detail and designates the jury to decide and rule in favor of one party. After some deliberations, the jury states its verdict, and that becomes the ruling. If one party decides to appeal the ruling, the appeal is treated as a new trial.

In criminal cases, the defendant is arraigned in court, mostly on the first appearance. If the defendant proclaims not guilty, the case moves to the trial stage. At the trial stage, the judge or jury may decide on the ruling as per the evidence on the charges. However, in a trial case where the jury is involved, the judge reads instructions that the jurors must follow in reaching the verdict. If the jury passes their verdict as guilty, then the defendant remains in custody awaiting sentencing. In some courtrooms, the sentencing is passed the same day as the verdict.

If the defendant is pronounced not guilty by the jury, they are let free. In cases where the jury is absent, the judge renders the verdict. Criminal and civil cases are handled almost the same. There are other strategies lawyers apply for a successful lawsuit. They must possess good negotiation skills and marketing skills.

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If you recently got arrested, you likely feel scared and unsure of what to expect next. Perhaps you were falsely accused of a crime and don’t know what to do. These suggestions can help you manage your upcoming case with confidence and know what to expect for the future.

Understand What the Charges Are

Before anything else happens, it is imperative to know what you are being charged with. It is possible to have more than one charge, so make sure you understand everything you are being accused of, and if it is considered a felony or a misdemeanor. Remember that in the United States you are innocent until proven guilty.

Work With an Attorney

If possible, try to get out on a bond. If you cannot afford to bond yourself out, there are places where you can utilize this service that are nearby such as Monroe County bail bonds.  Being out of jail makes it easier to be close to your family during this trying time, maintain your job for as long as you can, and even work with your attorney.

If you do not have an attorney, it is very important to hire one, even if they are a public defender. Your attorney can let you know what to expect and keep you updated on your court case.

Attend All Your Court Dates 

Although you might feel scared about going to court, it is crucial to attend every court date, or you risk returning to jail. Any money you paid toward your bond will be forfeited. Remember that by attending your court dates, you are minimizing legal trouble you might face and proving that you are not a flight risk.

Dealing with criminal charges can be an unnerving experience. Know what you are being charged with and make sure to hire an attorney while attending all your court dates. These tips can help you improve your chances of a less serious sentence.

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A criminal defense attorney will fight for their client no matter what. Often, that might mean recommending to the court that their client be referred to a pretrial diversion program instead of going to jail. These programs can be effective and are worth a try in some circumstances. Here are five reasons criminal defense attorneys recommend pretrial diversion.

Education builds empathy and self-awareness

Criminal defense attorneys may argue for a pretrial diversion program so that their clients can learn to respect others without the hardship or stigma of incarceration. Defendants will participate in group sessions to discuss the impact of crimes on individuals and the community. This is an opportunity for defendants to see the effects of their actions from the perspective of someone who was harmed in some way.

Community service promotes hard work

Research shows boredom is a reason for both routine crime and major rebellious acts. So, the more bored a defendant is, the worst trouble they may find. Criminal defense attorneys may see opportunities for their clients to work, contribute, and learn to respect themselves and others. They may hope their clients can understand that they’re part of a community and expected to carry on a certain way.

Community service work might include working in homeless shelters and soup kitchens or cleaning public areas. Since community service must be completed over a set period, defense attorneys may argue that the temporary adjustment from criminal lifestyle to community service will be more effective in the future.

Avoiding negative behaviors and situations will increase rehabilitation chances

Defense attorneys will know if their client lives a lifestyle that increases the chances that they’ll commit more crimes. Should defendants place themselves around crime, drugs, people with bad reputations, or former co-conspirators, pretrial diversion programs will help them see that these old influences aren’t helpful for them.

According to the National Institute of Justice, recidivism means stopping the defendant from committing crimes, deterring them from doing so, and rehabilitating them afterward. For example, a defendant might require either mental health or substance abuse counseling so that the defendant has someone to speak with one-on-one. Defense attorneys may argue that this counseling might be more effective than incarceration.

Pleading guilty as a prerequisite establishes accountability

Pleading guilty could be required. The defendant would need to disclose the nature of the crimes and agree to certain conditions right away before being eligible for the program. Pleading guilty holds defendants accountable for their actions yet in a position to be rehabilitated. A criminal defense attorney Daytona Beach might counsel a client through this process prior to them pleading guilty.

Prolonged treatment provides opportunities for growth

Mental health and substance abuse counseling is meant to promote long-term personal growth. Consequently, the legal system may require more time spent in mental health treatment than someone who volunteered. This is done to ensure the defendant will not commit further crimes in the future.

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Entering the United States can be difficult, which is why the visa process is so important, as it allows you to enter the United States legally and under set circumstances.

What is an H1B Visa?

An H1B Visa is a type of non-immigrant visa that allows you to enter the United States for work. Typically, this work is related to the STEM field and will make it so that you are to be working for the Department of Defense on some kind of research project. This means that the H1B Visa is difficult to acquire, and is typically for someone with some kind of distinguished ability.

Who Needs an H1B Visa Lawyer?

Anyone traveling to the United States on an H1B Visa should contact a lawyer who specializes in these visas beforehand. They can help to make sure the process goes as smoothly as possible. This includes filling out all the necessary paperwork and making sure that no deadlines are missed. Furthermore, they can help you if you have any legal troubles relating to your visa once you’re already in the country.

For more information on the H1B Visa, or why they may need an H1B Visa lawyer Los Angeles-located, please contact The Gig Law today.

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Like every other state, Maryland has laws against driving while under the influence of alcohol or any other substance. The laws are designed to protect motorists from accidents caused by impaired drivers. For Maryland residents, it’s important to understand these laws to avoid criminal prosecution. You may have stopped for just a beer or one drink before driving, but could that be enough to put you over the legal limit?

The Legal Limit

If a police officer stops you and suspects you may be driving under the influence, you will most likely be asked to take a field sobriety test. You have the right to refuse, but in that event, the officer will confiscate your license and issue a temporary paper license. The same procedure applies if you fail the test. The legal limit for blood alcohol concentration in Maryland is 0.08. The office will file a case with the Maryland Vehicle Administration (MVA) and you will have a court date. Should this happen, it is advised that you hire a DUI attorney in Columbia MD. Your counsel will understand the law and be able to plan a solid defense.

Possible Penalties

If you are convicted of DUI, there are both license suspension and criminal penalties. First offenders can be met with a fine of up to $1,000 and up to a year in jail. You could also have your license suspended for six months and 12 points will be assessed against it. A second offense also brings 12 points, but the maximum fine is $2,000 and jail time is two years with a suspension of 9-12 months. You may also be mandated to attend an alcohol abuse program.

DUI laws in Maryland are strict and the punishments severe. It’s just not worth the risk. If you’ve had more than one drink, don’t get behind the wheel. If you find yourself charged with DUI, hire an attorney.

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