Los Angeles Attorneys's Blog

Courts are congested with employment disability claims. Almost every day hundreds of employees are filling an application for employment disability benefits. However, not all can avail such benefit. The laws allowing such benefit such as the Americans with Disabilities Act has a strict rule. It provides its own definition of disability and if your disability does not qualify with the requirement your claim will be denied.

Nowadays, this will no longer be an issue. There is a proposal to alter some provisions of the Americans with Disabilities Act in order to provide bigger benefits and wider coverage.

In a legal blog entitled “ADA Amendments, to Affect Employment Disability Guidelines” discussed the proposed bill to alter the Americans with Disabilities Act and such amendment is predicted to focus more on employment disability issues.

I just hope that such proposal would materialize. Nowadays that the whole world is experiencing economic crisis every assistance no matter how small is necessary.

In addition, I am also hoping that they will broaden the definition of disability so that many disabled and qualified individual would benefit from this law. That employer will have no reason to deny a person’s right to employment because of his/her disability.

With the proposed amendment, I can just imagine the increase of employment disability cases filed in courts because the law will have a wider coverage.

Today‘s worldwide economic crisis has driven many businesses into bankruptcy, resulting in massive lay-offs of workers and contributed to the swelling ranks of the unemployed.

Consequently, dismissed employees run to court for protection. They commonly argued that they are illegally dismissed by their employer.

This kind of situation is the result of so many labor laws enacted by the legislators protecting the right of workers. However, not all has an access to employment litigation. This type of proceeding is costly and the results take time. As I observed, almost 30% of this cases sustain to they end and obtain a favorable results.

In a legal blog, entitled “The Latest Trend That Is Employment Litigation” discusses a decision of the US Circuit Court of Appeals holding a hotel president liable for multiple wage hour violation.

The result of the case mentioned is an indicator that aside from various labor laws the government is serious for uplifting the rights of workers. Aside from monetary benefits available to employees in employment litigation, the law also requires the employer to help the employee enhance its skills and performance by allowing them to undergo various training and seminars. This is only some of the amendments in the labor laws provided to protect the workers.

It isn’t a misnomer to call employment litigation a growing trend. Although it is not exactly new, the trend was correctly described growing nowadays.

The upward trend is manifested by recent decisions of courts, holding managers and supervisors personally liable for labor law violations. The arms of liability were stretched by courts against them for violations which are originally pertaining to the employer/company.

Thousands and thousands of dollars are awarded as compensation for the wrongfully terminated, harassed and discriminated employees. The appreciation of employment litigation lawyer is climbing. Contrary to some belief of the rising distrust of lawyers, particular litigation lawyers, the latest events prove otherwise.

But many still doubt the indispensable role that lawyers play in legal matters in almost every aspect of our lives. What they missed to look at is the benefits and advantage some good and dedicated lawyers have done to countless of workers around the country.

However do they brand lawyers, employment litigation lawyers will continue to fight for the rights of the workers. They will continue to represent workers against corporate giants who have all the resources to fight rather rightful claims.

This latest growing trend of employment litigation is not in any way a success for the lawyers. This is a success for the whole of working class. As the blog goes, this only shows “employees walking up and acting on their rights instead of sitting on them for fear of losing their jobs.”

Buses for public transportation are presumed liable, thus has the heavy burden of overcoming the presumption in order to escape liability.

This issue has been ventilated in a legal blog entitled, “Bus: Presumed Liable”. The author of the blog had explained in some respects the nature, degree of proof, the duties and presumption of liability to which the law installed in buses for public transportation.

The author made the following expositions all about bus transportation:

• Nature:  Common Carrier
• Duties:  As a common carrier, it has the duty to observe extraordinary care and diligence over its passengers and cargoes, if there were any.  This duty commences from the moment of embarkation until the passengers or cargoes have safely reached its destination.
• Presumption in case of breach:  That whenever a common carrier is involved in an accident, the law provides a presumption of negligence against the carrier.
• In the same manner, the author also related in some portion of its blog the potential contribution of victims that has bearing on the liability. Contributory negligence of the victims (passengers) is one, which can mitigate claim for liability against the common carrier or even can reduce the claim to nothing.  The other would be fortuitous events, which is an absolutory cause sufficient to exculpate the carrier from any liability.

All these information were the fundamentals of buses for public transportation that one must learn especially to the mass who ride buses everyday.

One thing I must say on this, that a claim for compensation for buses for public transport in cases of accidents is not that taxing, but it is neither easy.  Whenever one is involved in accidents involving buses for public transport, they should be proactive in dealing with their claim pursuit for compensation, just the same as in any other legal claim they are involved in.

“Oppression of employees in the workplaces are prevalent in our society”, a direct statement that is factual but unfavorable.

The legal blog entitled, “Employment Attorney Services, Helping the Oppressed ” take concerns about the widespread unjust treatment that employees got from their employers.  The author accounted that labor injustice are ever growing and become hard to get rid of.  In that, I agree.

To substantiate this assertion, the author considered the news reported by the LATIMES, dated June 23, 2008 entitled, “Lawsuit alleges Little India beauty salon chain exploits workers ”, where the owners of certain beauty parlor, Ziba Beauty most particularly, allegedly committed employment law violations.

The case had led to controversy from among the employment sphere that made it a subject to diverse public opinions and hypothesis.

In that case, a class action suit was filed by former Ziba workers against Ziba Chief Executive Sumita Batra, 39, and among her staff for allegedly committing employment law violations by not giving their workers the minimum wage and meal and rest breaks.

The case however is yet subject to judicial scrutiny.  

Pending the court determination, I pause to make unsolicited comment on the merits of the case as it can undermine the judicial process.  However, I would wail on the unjustly acts of the employers in causing unjust treatment to their employees.

As an Employment Attorney, and as an employer myself, I practice fair treatment and dealings to all of my hired workers and treated them with respect they deserved.  This should be the exact scenario for all the employers, this I entreat.

Going back to reality, whenever an employee experienced unfair treatment or are in to this unlikely situation, they shall wage a formal complaint timely against their employer.  I agree with the author when he called the oppressed to be proactive in dealing with their predicaments.

I can only suggest that they can have their case assessed by an Employment Attorney before they make any move to remedy their situation.  For at least, the Attorney will have their case coursed through proper lights and possible recovery, whatever it may be, can be approximated.

In this modern era, toys are meant not only for children but for adults too.  The former trend has been changed nowadays and that toys can be played and designed for all ages.

With this new trend and great demand for toys, a good question can be asked, that is, are toys today safe to be played with?

This was actually the concern of the author that he addressed in his legal blog entitled, Are toys today safe to be played with ?.  In the blog, the author relates the position of toys in our society especially to the children.  It also mentions the government regulations, both federal and statewide, of toys manufacture including a bit exposition of the factual harmful effects of toys especially for children.

In the matter of regulations, the author related the Bill that California State Congress passed ordering for additional testing and safeguards for manufactured toys.  This was wage in dealing with children's health and safety.

The author also gives some advice for parents in choosing and selecting toys to buy for their children.  Part of the advice was that the parents should always check the toys labels or the boxes for the pre-approved seal, pointing it as having undergone proper government testing and inspection.

As an Attorney, I was constrained to comment on this issue, especially so when I was a toy lover and collector myself and as parent of four children.

The issue made me realized many things, especially on the matters of safety for my kids.  I share the opinion of the author in all of his bright lights on the subject and would like to spice up some matters, more inclined to legal claims arising from product liability (for defects and so).

Most parent do not know this, that whenever an injury was caused by a toy product due to defects or other liability concerns, they can file a constitutive case for product liability against the erring manufacturers, distributors, suppliers, retailers, and others who make products available to the public.

Those subjects are generally held accountable and responsible for any injuries those products cause.  This was the general mandate of the law against those subjects, reiterating their bounden duty to produce good and safe products in the marketplace.

For a detailed account of this matter, and to have specific attention of your concerns, you can confer with a Product Liability Attorney.