Weinberg Law Firm - Dallas Employment Law
Legal Topics | 2010/05/29 23:57
Overtime claims and compliance

Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work.  Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review.  This is especially true when it comes to overtime claims.

Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay.  Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime.  Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.   

If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors.  The employees may also be awarded double (liquidated) damages.  Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit.  If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.  

This is a predicament in which companies do not want to find themselves.  Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.


Stevens denies Blagojevich request for delay
Legal Topics | 2010/05/29 23:51

The Supreme Court on Friday refused to delay ousted Illinois Gov. Rod Blagojevich's trial on corruption charges, set to begin next week.

Justice John Paul Stevens rejected Blagojevich's request without comment. His decision came shortly after the Obama administration told the high court that it opposed Blagojevich's request.

The former governor's trial is scheduled to begin on Thursday.

In Chicago, Blagojevich attorney Sheldon Sorosky said after hearing about the decision that the former governor's legal team was ready for the trial to get under way.

"We didn't prepare presuming that the Supreme Court would rule in our favor — we prepared for the worst," Sheldon Sorosky said. "The Supreme Court has ruled and that's that."

Blagojevich had asked the high court to delay his trial until the justices rule first in pending cases about the constitutionality of the federal honest-services fraud law. Prosecutors have charged Blagojevich with violating the fraud law and other crimes.

Acting Solicitor General Neal Katyal said the evidence on the honest services charges "is the same as that underlying the bribery, extortion, and racketeering counts." That means the flow of the trial won't be affected by what the Supreme Court says about the honest services charges, Katyal said in court papers.



Man acquitted of arson in Cleveland house blast
Areas of Focus | 2010/05/28 23:52
A Cleveland man has been acquitted of charges he caused an explosion at a vacant house resulting in damage to more than 70 homes in the area.

Fifty-seven-year-old William Calderwood was acquitted Friday of 55 counts of aggravated arson in Cuyahoga (ky-uh-HOH'-guh) County Common Pleas Court. He was convicted of one count of burglary.

The fiery Jan. 25 blast damaged 72 homes on Cleveland's west side. Prosecutors say Calderwood stole appliances, furniture and pipes from the vacant house and tampered with its gas line before the explosion.

Calderwood's attorney, Patrick Leneghan, says he is elated about what he calls a "fair and just" verdict.

Calderwood will be sentenced Wednesday and faces a maximum of five years in prison.



US defends attending Sudan leader's inauguration
Headline Legal News | 2010/05/28 23:51
The Obama administration is defending its decision to send a representative to the inauguration of Sudan's president, who won re-election despite facing an international arrest warrant for war crimes.

Omar al-Bashir was sworn in Thursday to another five-year term. Among those in attendance was a U.S. foreign service officer.

The State Department notes that the inauguration also was for a vice president, Salva Kiir, from the largest party representing southern Sudan.

Al-Bashir is sought by the International Criminal Court in the Netherlands for allegedly masterminding atrocities in Darfur.

State Department spokesman P.J. Crowley said Friday that al-Bashir should cooperate with the court and "should be held accountable."



China to frame its first immigration law to attract foreigners
Headline Legal News | 2010/05/24 16:26

China has kick-started a key process to frame its first immigration law to better manage immigrants as the world's fastest economy seeks to attract more foreigners to boost its development.

Experts on migration have advised the government to learn from other countries in regulating immigration, said Zhang Jijiao, researcher with the Institute of Ethnology and Anthropology under the China Academy of Social Sciences (CASS).

Zhang said in the era of globalisation, China needed to attract a variety of talents, investors, skilled workers, and in particular "seagulls" -- a Chinese term for foreign merchants who work with multinationals and must travel across the world -- to contribute to its development.

A sounder migration policy would definitely enhance China's appeal, Zhang said.

The Ministry of Public Security, the Beijing Law Society, the Chinese People's Public Security University and the CASS held a liaison meeting last year. But the discussions had yet to result in any concrete preparations, Zhang told state-run Xinhua news agency at a global forum on migration.

Unlike Western countries, which have special laws to regulate the management of transnational migrants, there were few Chinese legal instruments to regulate immigration and foreign investment.

"This reflects how China's transnational migration management has long been focused on the legitimacy of entry and exit out of economic considerations," said Zhang.



As immigration fades, Emanuel role under scrutiny
Legal Topics | 2010/05/24 16:23

Prospects for an immigration overhaul are fizzling this year and some Democratic lawmakers are focusing blame on the pugnacious Democratic operative who works just down the hall from President Obama.

Rahm Emanuel, White House chief of staff and longtime party strategist, has argued privately that it's a bad time for Democrats to push an immigration bill, a potential landmine in the midst of a crucial mid-term election.

Emanuel's stance, coupled with his long-held wariness about the politics of immigration, is emboldening key Democrats to come forward and ask that he step aside from the issue.

"There's always a sense that no matter how hard we work, to get through the White House, we have to get through Rahm,'' said U.S. Rep. Raul Grijalva. "I would like immigration not to be part of the chief of staff's portfolio. It would make our ability to convince and access decision-makers in the White House a lot easier.''

Emanuel has a complicated history with the immigration question, dating back to the 1990s. As a top aide to former President Bill Clinton, he stressed the message that Clinton was hardnosed about policing illegal immigration.



Eugene, Oregon Criminal Defense Lawyer
Attorney News | 2010/05/24 09:23
Max Mizejewski received his undergraduate degree from the University of California at Berkeley in 1993. In 1997, Max graduated from Northwestern School of Law of Lewis and Clark College and went on to work in the public sector before entering private practice. As Manager of the Oregon Department of Transportation Environmental Unit, Max gained valuable experience negotiating, problem solving and working through confrontational issues with emotionally charged individuals. Max brings this experience to his private practice which focuses on criminal defense and family law.


Max believes in taking the time to understand each clients unique situation and specific needs. Max represents clients in criminal prosecutions, administrative hearings, dissolution of marriage, custody matters and appeals. Max's tenacious attitude and strategic mindset make him the right advocate to have on your side.

Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights.  We can defend you against your criminal charges, including the following:

  • Drunk Driving (DUII, DUI, DWI) - including underage drinking and driving, refusing a breathalyzer test, driving under the influence of drugs or alcohol, and other drug or alcohol related driving offenses
  • Criminal Driving Offenses - including manslaughter, criminally negligent homicide, assault, hit & run, attempting to elude police, reckless driving and licensure issues
  • Drug Crimes - including possession


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