Sexual Harassment in the Workplace

Employees can experience harassment because of their traits, such as religion, ethnicity, race, and color. Co-workers, employers, and other people in the workplace may make offensive remarks about Islam, call others the N-word, or make gestures that can be offensive for disabled employees. This creates a workplace that is not just unsafe, but also unproductive.

Arguably the most controversial form of harassment is sexual. This happens when a person uses tactics of the sexual nature toward another, creating issues of safety, violence, intimidation, or productivity in the workplace.

According to the website of the John Melton Law Firm, those who have been victims of sexual harassment in the workplace may have legal options, such as pursuing compensation and justice. It is good to know that the law is not very tolerable when it comes to sexual harassers. But what do these harassers exactly do to make others feel sexually attacked? Some of the most common manifestations of sexual harassment are the following:

  • Asking personal questions of the sexual kind, such as sexual history and preference
  • Commenting offensively about another person’s sexual identity
  • Commenting sexually about another person’s clothing or body
  • Communicating with sexual intentions and suggestions
  • Displaying or sharing of sexual materials, like pictures and videos
  • Excessive pinching, rubbing, tapping, and other forms of touching
  • Whistling and other gestures with sexual or offensive intentions

Any action that has a sexual nature to it, causing some form of inconvenience in the workplace, can be considered sexual harassment. This can have negative effects in the workplace, not just to the harassed employee, but also to everybody else, as the workplace sustains a sexually hostile vibe.

The harassed may have a variety of responses to sexual harassment. The victim may be angry or depressed, but whatever the response may be, it will lead to job dissatisfaction. The person’s productivity may be affected, as he or she focuses on avoiding the sexual harasser. It may even come to the point that the victim may skip work.

Managers, supervisors, and others in the workplace may have a negative reputation to the victim as well, because they are giving the impression that they are incapable of making and enforcing anti-sexual discrimination measures in the work space.

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The Nursing Home Reform Act of 1987 – Enacted to Ensure Care of Nursing Home Residents

Negligence is failure to use reasonable care that results to damage or injury to another. When committed in a nursing home, the Centers for Disease Control and Prevention (CDC) defines it as “failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter, which results in a serious risk of compromised health and safety.”

When acts of abuse or negligence committed in a nursing homes result to patient harm, the injured or his/her family can pursue legal action to hold legally responsible the person who committed the abuse or negligent act. Other than the abuser, the injured may also be able to pursue legal action against the owner or operator of the facility, and probably even the state Health Board, which has failed in its job in ensuring that the facility is free from any form of violation of the 1987 Nursing Home Reform Act, which mandates:

  • The provision of services and activities that are gird towards the attainment or maintenance of the highest possible physical, mental, and psychosocial well-being of the residents in accordance with a written plan of care.
  • That residents should be free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

The most common types of nursing home neglect include:

  • Lack of proper care;
  • Failure to properly manage medication;
  • Isolation;
  • Failure to maintain adequate health and safety policies, and keep the premises reasonably safe and free of hazards; and,
  • Delayed treatment of residents who fall or injure themselves.

These acts are most rampant and widespread in facilities that are understaffed and where there is negligent hiring of employees (this specific employer negligence often results to individuals with records of abuse getting hired as nursing aides or registered/licensed nurses – often the very persons guilty of unjust and cruel acts of negligence against defenseless patients and residents).

One of the worst consequences of nursing home neglect is the development of bedsores (also called pressure sores or pressure ulcers), which are skin lesions resulting from prolonged pressure applied to the skin. This type of wound is most common among patients confined in beds or wheelchairs – specifically those who are never repositioned and properly cared for by nursing aides or nurses.

Bedsores can worsen, become infected and cause death. The recent years, U.S. courts have seen an alarming increase in cases filed due to severe cases of bedsores causing patients severe pains and suffering or resulting to wrongful death. The family of a patient who has suffered awful pains due to skin wounds that have developed as a result of neglect should consult a bedsores lawyer, who can help and advise them if their case is worth pursuing legally.

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Information on Overtime Pay Violations for Hotel and Restaurant Employees

Thanks to the Fair Labor Standard Act and the many amendments done to it through the years, many employees are able to receive just compensation for their hard work and appropriate protection for any violation that may occur in the workplace. One of the things that the FLSA upholds is an employee’s right to overtime wages. According to the Department of Labor, barring a few exceptions, all employees are expected to receive overtime wages that are 1.5 times more than their regular rate for any task performed outside their 40-hour work week.

Despite the best efforts of the government to ensure that employees in the United States are properly compensated, many employers continue to violate the requirements on overtime pay. This is particularly true in the hotel and restaurant industry. According to Leichter Law Firm, off-the-clock violations are the most common in this industry. Employees that are expected to begin working before the start of their shift and to continue working through breaks and meal periods, as well as after the end of their shift should take note of the paycheck they receive. In all these cases, an employee is entitled to receive the extra 1.5 rate for every hour. The wages they receive for this additional work should also incorporate any tips received for the day.

Hotel and restaurant employers who commit violations to overtime laws and other similar wage-related laws can be held accountable by aggrieved employees in the court of law. All employees working in the U.S. reserve the right to pursue legal action against these employers that prevent them from enjoying fair labor treatment. Employees in Texas are also protected by a number of state legislation meant to reinforce the clauses delineated in the FLSA. Consult with an experienced Texas overtime pay attorney for more information about overtime pay provisions and other laws relevant to your current situation.

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A Look At The Pros and Cons of Divorce

Who says that marriage is always about being happy ever after? There are many problems that can happen in married life and couples must learn to cope with these problems. For couples who are not able to, they resort to divorce. Such action will make the couples eligible to get married again. While couples think that this is the best solution for them, is it really the best solution to resolve marital problems?

The website of Marshall & Taylor PLLC revealed that even after divorce, there are other issues that can crop up. So before making the difficult decision, consider these pros and cons of filing a divorce. Let us start with the advantages:

Pros

1. Freedom

The biggest advantage of divorce is independence. With marriage, the couples are bound to the relationship and thus lose some of their freedom. By filing for divorce, the couple gets their independence back.

2. New Opportunities

With divorce, the couple gets another opportunity to fall in love and get married again. Only this time, they are hoping that the relationship will work this time. It may also provide the couple with the chance to correct their mistakes.

3. Search For A New Level of Happiness

After a failed and unhappy marriage the first time around, divorce allows the ex-couple to search for a new kind of happiness once again.

Cons

1. Living Alone

If one of the divorcing parties is not able to find someone to love again, they may face the specter of living alone for the rest of their life. As a result, they could end up sad, alone, and helpless.

2. Financial Repercussions

The divorce process alone can prove costly for both parties. Aside from that, the potential expenses can become a financial burden for the couple. After relying on each other for finances, the burden of managing expenses alone can become a problem for the couple.

3. Negative Effect on Kids

The biggest impact of divorce will be felt by the children if the couple has kids. While some easily be able to adjust to their new situation, others may struggle and have a negative effect on them.

Entering marriage is already difficult and maintaining a smooth relationship is even more difficult. Consider the pros and cons of divorce before deciding to go for it. If you can still work out the marriage, find ways to resolve your differences for the sake of those who will be affected should you opt for divorce.

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Witness This: Some Facts about Eighteen Wheelers

“You’re sitting on 2000 horse power of nitro-boosted war machine.”

The War Rig, otherwise known as the vehicle that Imperator Furiosa driven in the 2015 blockbuster hit ‘Mad Max: Fury Road’, is arguably one of the most important characters in the entire film. Though grossly exaggerated, it can be a suffice summary to say that the Rig is just another eighteen wheeler truck—and, if you’ve seen the film, you may know the potentiality it has for destruction.

While some trucks are known to carry clothes or food, some trucks are known to carry hazardous or flammable material. Were a truck to suffer an accident while carrying these elements, there is precedent for a disastrous catastrophe to occur—possibly even an explosion like that of 2000 pounds of guzzolene exploding.

Can you imagine that happening on an open highway, filled with pedestrians and civilian drivers and motorists?

The damage that an eighteen wheeler truck can do cannot be compared to one that a regular vehicle can do, due to its size and potentially hazardous cargo. According to the website of the lawyers with Williams Kherkher, it is likely that a truck accident is synonymous with a devastating one. After all, an accident can range from a simple dented bumper to a full on explosion in the middle of a populated town—and you can guess which one, more often than not, happens to a regular vehicle and which one is likely to happen to an eighteen wheeler truck. That’s a scene you never want to witness, that’s for sure.

A lot of truck accidents – and road accidents in general, actually – are often caused by negligence. Sometimes, the trucking company didn’t perform a background check that was thorough enough for them to know that their trucker wasn’t experienced with operating such a machine. Sometimes, the trucker did not practice the necessary precautions due to experience-born arrogance. There are many ways that an accident can happen but they are usually preventable—which then means there was a wrongful party.

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Basics of Erb’s Palsy

It may seem inconceivable a birth harm may nonetheless arise within this time of contemporary research and engineering, but however, it will. Data reveal that an average of 3 children preserve some form of birth damage an hour or so in the US. That’s about 7 births for every single 1,000. Not most of these may be caused by medical negligence; sometimes it may result in damage, possibly death in and being born is definitely an inherently distressing encounter. Nonetheless, some injuries give themselves more to an interpretation of disregard. One particular delivery injury is Brachial Plexus Palsy, normally generally known as Erb’s palsy.

Erb’s palsy is a real injury to the infant that could just happen during delivery that is standard. The damage centers a group of nerves located in the neck’s location, on the brachial plexus. Functionally, the brachial plexus has control over-hand and supply movements. Problems for these nerves can result in some numbness in one single arm. Depending on the extent of the physical stress palsy may also end in full or partial usage of one arm permanently or briefly.

The upheaval happens once the delivery has some complications including breech birth, abnormally extended labor or even a proportionally too large infant. The website of the Driscoll Firm provides the sources of injury to incorporate excessive tension exerted on the neck which might stretch the throat a lot of; instead, the damage could possibly be brought on by the wrong utilization of forceps, that is used to help supply. Either way, this kind of injury may be regarded medical negligence, and might give the giving physician likely in an individual injury state.

Typically, Erb’s palsy’s effects resolve without any cure within a few months alone, however, not generally. If you or possibly a member of the family includes a kid who is affected with Erb’s palsy, and imagine it happened as a result of disregard about the part of the doctor or even the hospital staff, then maybe you are able to acquire some settlement for this to help in cure and administration of the injury. Talk to an Erb’s palsy attorney in the area nowadays and find out more.

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Depakote and Clubfoot

If Depakote had been around during the time of the Roman emperor Claudius, it may have been pointed out as a possible cause of the skeletal malformation. Clubfoot refers to a congenital malformation of the foot. It is also called tapiles equinovarus because it also occurs in horse (equines). Thew malformation ranges from mild to severe; the foot may only be smaller than usual, for example. However, there are cases when the bottom of the foot is pointing up. In most cases, both feet are affected.

Clubfoot is immediately apparent after birth, but does not cause any discomfort to the baby. However, immediate treatment is recommended because it can cause obvious problems once the infant is ready to walk. In most cases, surgical treatment can correct the problem, and those that have it corrected are able to lead normal lives.

As with most congenital disorders, the usual suspects are genetics, lifestyle, and teratogenic drugs. When the first two are not applicable, or not significant enough to be a major factor, drugs such as Depakote are likely to be the culprit. While there are not specific studies linking Depakote with clubfoot formation in the child, it would be reasonable conclusion considering that it is strongly indicated in other congenital malformations involving the spine, the brain, the heart, and the face.

Fortunately, the prognosis for infants born with clubfoot is excellent provided they get early treatment. However, as pointed out on the website of Williams Kherkher, such interventions can have a significant financial impact. Aside from the corrective surgery, there are other expenses that may occur in the recovery and physical rehabilitation of the child.

If you believe that Depakote may be at the root of your clubfoot problems, you may be able to demand compensation. Consult with a Depakote lawyer in your area to find out what can be done to right the wrong you have suffered.

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Dangers of Blood Thinners

Blood thinners can be an effective solution to those suffering from cardiac and blood vessel diseases that cause clotting. Anticoagulants cause the blood to thin and more easily move through the blood stream. While the benefits of blood thinners is substantial, the U.S. Food and Drug Administration and physicians prescribing blood thinners often are forced to weigh the benefits with the life threatening side effects these blood thinners can cause.

All anticoagulants come with a risk of serious bleeding incidents. Since the blood thins and does not clot when hemorrhaging occurs, the loss of blood can be substantial. Most blood thinners require the patient to be vigilant in taking precautions against these bleeding incidents. Some coagulants, such as Coumadin and Pradaxa, require frequent check-ups and monitoring by physicians to regulate the amount of drug within the blood stream. Other drugs, like Xarelto, do not require these types of precautions and are therefore more dangerous to the patients prescribed it.

In comparison to similar drugs, Xarelto is more dangerous because of the lack of antidote. If a bleeding incident occurs due to Xarelto, the patient must wait until the drug leaves the blood stream. Other medications on the market have reversal agents that an individual can take during a bleeding incident to stop hemorrhaging from becoming life threatening.

While bleeding risks are a side effect of any anticoagulant, the risk of these types of incidents may increase with the use of other medications. Pain relievers have blood thinning properties that, when taken with anticoagulants, can increase the susceptibility of patients to bleeding accidents.

If you are interested in learning more about Xarelto and the legal options you have to receive compensation for the pain and suffering you sustained due to negligent drug manufacturers, click here.

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Signs of a Concussion

It is sometimes difficult to identify the severity of a head injury. Many people do not know how to determine whether or not they have a concussion. Fortunately, there are clear cut signs that can aide in a self diagnosis.

If you do not remember what happened right after your accident, you may have a concussion. An impact to the head that causes you to lose consciousness most likely causes enough damage to the head to be considered a concussion.

Another definitive sign of a concussion is nausea or vomiting. Of course throwing up is a definitive sign for a lot of sicknesses as well, so even though it sounds like a black and white way to tell if you have a concussion, do not put too much trust in the vomit litmus test.

Blurred or double vision is also a common sign that you have a concussion. The best way to tell if this is due solely to a head injury is to stay hydrated, maintain normal eating habits, and keep away from the sun as much as possible.

Sometimes when experiencing a concussion, people tend to not grasp concepts as easily and find themselves feeling confused. If this is the case for you, do not get frustrated with yourself. It is most likely the fault of your injury.

Of course, you should always see a doctor if you suspect you may have a concussion. These are common signs, but only a trained professional can officially diagnose a brain injury. The website of Pohl & Berk, LLP says that a brain injury is one of the more severe health problems a person can suffer and can cause long term cognitive issues, so make sure that you treat any sort of accident where your head has been hit very seriously.

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Criminal Defense: Of Assault and Battery

As with anything that has to do with legal issues, assault and battery are among the most complicated issues that can ever come up in a criminal persecution. The terms ‘assault’ and ‘battery’ are two separate terms in themselves and the other is less severe, in terms of criminal liability, than the other. Assault is the threat of violence, sometimes coupled with the physical intimidation of the person’s capability of the threat. Battery involves the violent act being carried out.

However, there are several defense actions that can be taken to justify the need for what is legally called ‘assault and battery’. There have been instances wherein it was due to self-defense, there was consent involved from both parties (e.g. if both parties are involved in some athletic activity like boxing or taekwondo), it was defense of property, or some other reason. However, determining what defense to take is not in the jurisdiction of the person accused but for the legal experts representing the person.

A Collin County criminal lawyer will likely tell you that if you are to be convicted with a crime as damaging to your reputation as assault and battery, it can follow your life forever, severely affecting and limiting educational and professional opportunities because of the stigma that a conviction creates. It is advisable that when presented with a legal problem such as this, expert and specialized help ought to be sought in order to receive the best representation. You’ll need to be aggressive in the pursuit of justice.

If you or someone you know has been charged with assault and battery, there is hardly any time left to dawdle as legal counsel must be obtained immediately.

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