An Obscure Law in Fast Food Chains May be Stagnating Wage Growth

 

It’s a common law of economics that as inflation and industry grow, so should people’s paychecks. This explains why most people’s grandparents fondly remember paying a quarter to go to the local movie theatres where nowadays they require a small bank loan. Costs grow, and job wages should keep up to keep the system equalized, that’s the natural order of things. However many economists have noticed a puzzling trend where wages are plateauing and not growing back much across the country.  

According to the New York Times, there is an obscure clause in the agreements new hires sign that could be the reason for this stagnation. To curb market growing competition, many fast food chains have banned the practice of hiring workers away from competitors to utilize their skills for a higher wage. This clause prevents an employee from ascending the corporate ladder or negotiating for a higher wage for their skilled services. Well, without having to completely quit their job and look for something that compensates them better for their services. Now those in favor of this rule, the executives and higher-ups of the restaurant business, normally defend themselves by saying that they are protecting their time and investment in their workers. And this kind of mobility freeze doesn’t affect just the fast food industry, although these types of restaurants have the most chains with this clause. Other industries with this clause include Maintenance services, Health and Fitness facilities, and travel services. 

Without any mobility, workers are almost chained to their position and can feel stuck. However in two lawsuits filed against CKE Restaurant Holdings, the parent company of McDonald’s and Carl’s Jr.’s the courts have decreed that these so-called “no-hire” clauses violate labor and antitrust laws. Since these laws are specialized designed to prevent competition in hiring and keep employees in stores they lower wages these stores have to pay their employees. Without a chance to climb out of a cashier position to upper management or to a store with better opportunities workers can feel like the pavement that the restaurant’s drive over to make profits.

According to the labor rights attorneys at Cary Kane LLP, this is a breach of employment agreements. As an employee you expect your employer to be looking out for your interests. After all, you work to better the company who employs you and they should give you fair pay for fair work. The relationship between employer and employee is cyclical and if one side is cheating the other then both don’t function as well.

Most of the time when someone takes an entry-level job, hard work will allow them upward mobility to reward their work ethic. However, due to sneaky tricks implemented by restaurants to keep labor costs low, this standard system doesn’t work. Thankfully the courts have recognized this behavior as unlawful and change will come soon.

Premises Liability Incidents have one Thing in Common: A Property Owner Failing to Keep Their Premises to an Adequate Safety Standard or did not Warn of the Danger

During the 1990s, the yearly average of escalator-related accidents was 4,900. Every year, since then, however, the number has increased to about 10%, so that in 2013, the number has climbed to 12,260. Children, 14 and under, and senior citizens, at least 65 years old, are the most common victims in these accidents.

The Consumer Product Safety Commission (CPSC) says that falls tops the list in escalator-related injuries and deaths (the CPSC is the branch of the U.S. Federal government charged with protecting American consumers and families from products that pose fire, chemical, electrical, or mechanical hazards).

Falls occurring on escalators are either as “falls on” or “falls from.” “Falls from,” or “falls over-the-side,” refers to a person falling outside of an escalator into adjacent open spaces; “falls on” or “falls down,” on the other hand, refers to a person who remains inside the elevator wellway as he/she falls.

Despite the many incidences of injuries and deaths due accidents in escalators, escalator hazards which the escalator industry has known for decades and which they can easily correct through safer designs, have often been obscured even in litigations. This is due to the overwhelming success of the escalator industry in convincing both the media and accident investigators that accidents, especially falls, are due to intoxication, horseplay, and gross misuse of riders.

As explained by Philadelphia injury lawyers of Zavodnick, Zavodnick & Lasky, LLC, “There are a wide variety of situations in which a premises liability incident can result. They all have one thing in common: a property owner failed to keep their premises to an adequate safety standard and did not warn of the danger. For example, poor maintenance on an elevator may cause it to malfunction while there are people onboard. The elevator lurches to a sudden stop, causing one of the passengers to fall and break their arm. This elevator passenger had a right to expect to make it through the elevator ride safely, but was hurt in the process. Premises liability cases protect victims in these kinds of circumstances from having to pay undue medical costs on their own.”

It is important for the public to know that premises owners and manufacturers of elevators and escalators have contracts which require the latter to provide ongoing support and maintenance services, including annual inspection after initial installation. It is also important to note that, rather than horseplay, intoxication or grave misuse, the dangerous conditions which often lead to escalator accidents are maintenance related or failure by the manufacturer to retrofit readily available safety devices – a failure premises owners choose to overlook. These are actually nothing short of acts of negligence, the basis of many premises liability litigations and claims.

Patients Who Receive Care from Negligent Doctors Deserve Compensation for Their Unnecessary Medical Complications

One of the most important elements in a doctor-patient relationship is trust; but while this element is a requirement that leans on the patient’s side, the doctor’s duty, which is to keep this trust alive, can only be done by provision of quality care.

The best ways of providing quality care are through timely treatment, correct diagnosis and effective medication plus taking time to really listen to patients’ complaints during initial consultation periods (many doctors have fallen into the practice of meeting and diagnosing patients only within 15 minutes, the duration of office visits accorded by many doctors to patients to enable them to meet as many patients as possible during the day).

Quality care, however, is only a byword to many present day medical professionals (such as doctors, nurses and surgeons). Failure of many different individuals in the medical field in meeting the standards of care required and expected of them results to millions of errors which, in turn, lead to serious injuries or, sometimes, patient death.

This failure is identified as “medical malpractice” and these wrong diagnosis or misdiagnosis, delayed or wrong treatment, surgical errors, birth injuries, wrongful death, emergency room errors and hospital negligence, among others.

Medical errors are definitely preventable; thus, it is a totally sad fact that despite its being such, it ends up claiming 98,000 lives in the U.S. every year (this figure is based on a study made by the government’s Institute of Medicine, which also shows 15 million yearly occurrences of preventable medical errors in the U.S.).

Often, for the purpose of seeking compensation, medical malpractice lawsuits are filed against hospitals where the medical professional, who committed the harmful mistake, is employed. This legal strategy is called “Respondeat superior,” or “vicarious liability” which means, “let the master or superior answer.” It refers to the legal responsibility imputed on employers for the harmful or injurious mistakes committed by their employees while performing their job.

According to the law firm Mazin & Associates, PC, “Doctors, nurses, and hospital staff each have the responsibility of caring for the health of their patients to the best of their abilities. If they do not apply their best efforts to every case, then tragic consequences often arise. Unfortunately, many doctors do not apply the appropriate level of care when handling patients. A doctor’s negligent actions often create additional medical complications and cost patients time, money, and even their lives. Any preventable illness is unjust, especially when a doctor, whose duty it is to maintain the health of a patient, creates it. For this reason, medical malpractice lawyers believe that patients who receive care from negligent doctors deserve compensation for their unnecessary medical complications.

Automobile Accidents in the US: Common Causes and Contributing Factors

All over America, automobile accidents happen with alarming frequency. According to data collated by the National Highway Traffic Safety Administration, the year 2014 saw over 6 million reported crashes all over the country. In all these accidents, many individuals were fortunate to survive with only a few minor injuries. Unfortunately, plenty more of those affected by these accidents were either severely injured or killed. According to NHTSA’s data, these 2014 crashes caused 32,675 deaths and led to 2.34 million people that needing emergency medical attention for their injuries.

Considering the deadly consequences of automobile accidents, it’s important to raise awareness regarding the different factors that contribute to these dangerous occurrences. In some cases, car crashes can happen due to factors unforeseen by motorists like mechanical defects in their vehicles or hazardous road conditions. However, a good majority of car accidents also happen due to reckless behavior by negligent drivers. Drunk driving is one of the most commonly identified reasons for fatal car crashes. Distracted driving is another common factor that contributes to deadly crashes, as well as traffic violations such as speeding and disregarding traffic lights and stop signs.

Certain types of vehicles also make the roadways more deadly for motorists. SUVs and 4-wheel drives, for example, are particularly susceptible to tipping or falling over due to instability caused by their size. These rollover accidents happen due to abrupt swerves or turns and are typically made possible by defective designs by manufacturers.

Regardless of the specific cause, Madison automobile accident attorneys know that car accidents can be very traumatic events that could lead to many long-term effects. Raising awareness on the many causes of these accidents can help inform motorists of the things they can do in order to keep roadways safe all over America. Meanwhile, those that have been injured in automobile accidents can use this information when filing a personal injury case against the driver at fault.

Common Causes of Airplane Accidents

Airplanes are the quickest means to travel from one country to another. While you can take a ship, it will take you several days to reach your destination. On the other hand, an airplane can take you only hours or a few days. Although quite uncommon than car accidents, plane crashes can still prove to be devastating. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., airplane accidents can cause severe injuries and fatalities.

There are many factors that can contribute to airplane crashes. The good news is that aviation accidents are quite rare. According to the National Safety Council, the chances of death from a plane crash is 1 in 7,178 as compared to a car crash which is at 1 in 98. In addition, the odds of being killed in a single flight on one of the top 78 major world airlines is 1 in 4.7 million. But then again, luck will not always be on your side. Here are 5 of the most common causes of airplane accidents:

1. Pilot Error

Pilot error accounts for half of all plane crashes. This is quite understandable considering what pilots do during the flight. They must navigate through dangerous weather, respond to mechanical problems, ensure a safe takeoff and landing and others. Airplane accidents happen when pilots misread equipment, misjudge weather conditions, or react late to mechanical errors.

2. Mechanical Failure

A study by Boeing attributed 20 percent of today’s airplane accidents to mechanical failure. Such factor is not as major as it is today than before when 80 percent of accidents were due to mechanical error. According to Kyle Bailey, FAA Safety Team representative, the decrease in mechanical-related accidents were the result of improvements in airplane technology.

3. Weather Conditions

Although flights are grounded or canceled when there is a weather disturbance, it can prove a challenge to pilots and air traffic controllers. Traveling on heavy winds and fog can be dangerous for airplanes. Lightning can disable the plane in a variety of ways as it can result to electrical failure or ignite fuel tanks and pipes.

4. Sabotage

Airplanes getting hijacked account for only 9% of plane crashes. Despite strict TSA regulations, some passengers are still able to sneak in bombs or firearms onto planes. When they are able to do so, they can bring down planes and kill hundreds of passengers.

5. Other Human Error

Some accidents are caused by the fault of other humans. For instance, when an air traffic controller makes a mistake, the plane crashes into mountains, land on occupied runways, or collide with other planes.

Recall Classifications by the U.S. FDA

According to the website of Crowe & Mulvey, LLP, numerous defective products like food and appliances are sold to the public every year. Unfortunately, these faulty products result in the injury or illness of the consumers, and sometimes, it even leads to death. Product recalls by different federal agencies are one way to determine whether the things you just purchased are dangerous to you and your family. One of those agencies is the U.S. Food and Drug Administration (FDA), which is under the United States Department of Health and Human Services and is the branch that is in charge of public concerns associated with food, beverage, and pharmaceutical products.

According to the FDA, when the agency discovers that an FDA-regulated product is faulty and potentially dangerous, the most effective way of protecting the public is to recall the product, take it off the market, and advise the public not to consume the product. In most cases, the recall is voluntary—once the manufacturer or distributor finds the fault in the product, they issue their own recall. FDA still enters the picture in voluntary recalls by overseeing and assessing the recall, based on the agency’s website.

The FDA classifies the recall into three: classes I, II, and III. Class I recalls pertain to those products that are prone to serious illnesses and deaths as results, such as undeclared allergens and botulinum toxin on food, label mix-ups on lifesaving drugs, and defective surgical tools, as per the FDA website. Class II recalled products are those that may cause non-permanent health problems. Lastly, products classified as Class III are far from causing serious health repercussions but have violated the standards given by the FDA.

When a food or pharmaceutical product seems defective, it is always wise to check up on the latest product recalls by the FDA. If you have already been affected, the next best thing to do is seek the help of a personal injury lawyer as they cover these types of cases.

Why Medical Errors Might Occur

A number of actions (or inactions) can account as medical malpractice. Prescription medication errors are just one of the ways that a person can suffer from medical malpractice. Taking the wrong dosage of a certain medication or taking a wrong medication altogether can result in serious health complications or even death. There are many ways prescription drug errors occur, the most common being mislabeling, failure to warn patients of the side effects, administering the wrong prescription, or prescribing a medication to which the patient is allergic to. In order to have a successful medical malpractice or injury claim, it is important to know who should be held responsible for the medical error.

Generally, anyone who is involved in the prescribing of the medication can be held liable to medication errors. According to the website of Habush Habush & Rottier S.C. ®, these people include (but are not limited to) physicians, pharmacy departments, hospitals, medical staff, and pharmaceutical manufacturers. It is therefore important for your lawyer to investigate and gather evidence on who directly committed the prescription drug error in order to present a strong case.

Wrong medications or dosages are often a mistake committed by physicians or nurses. Bad handwriting from doctors have resulted to millions of injuries and even death around the United States, and although this problem is slowly fading in numbers, human errors due to stress or fatigue can lead to medications administered wrongfully or in the wrong amount. Another issue to look into is whether the medication was labeled properly or that the medication did not provide enough information on the risks and side effects. According to the website of Evans Moore Attorneys, because these mistakes can often be due to negligence on the part of the drug manufacturers, a product liability lawsuit is also a possible legal option. Regardless of how much you trust your doctor, it is always important to talk about possible side effects, as well as possible drug interactions and allergic reactions that may occur.

Because the victims of prescription drug errors can lead to life-threatening conditions and even death, it is important to first get proper medical attention to relieve the problem.

Medication Errors a Form of Negligence

Medication errors are not common, particularly at nursing homes. However, when they do occur, it can be confusing to decide what legal option to take; can you make the nursing home liable? Are you filing for a medical malpractice claim or a personal injury claim? One of ways to determine which claim to file is to see if there is medical negligence.

Courts often define medical negligence as failure on the medical health care provider’s part to practice and provide the degree of care and skill required from them in accordance to their specialty. Also taken into account are the advances in the medical profession and the resources that are available to the nursing home facility. Medical negligence through medication errors are very easy to commit. According to the website of Hach & Rose, LLP, a medication error can occur through the administration of the wrong medication or from the wrongful dosage of the needed medication.

Other causes of medication errors are when the prescription negatively affects the patient’s diet or other medication that they are taking. Mislabeled medication is also a problem that causes medication errors, along with misinformation or withheld allergies and other taken medications. The effects of these medication errors on nursing home residents can vary from nominal to fatal. Suspecting a medication error administered to your loved one should immediately prompt you to contact a physician in order to straighten out the situation.

A Massachusetts personal injury lawyer would probably tell you that medication errors are often visible through medical records, so obtaining such evidence can be crucial. If there is evidence of medical errors that caused injury to the patient, then the victim or the family of the victim can file for an injury claim or medical malpractice lawsuit.

SR-22 Certificate Required in Some Circumstances

The fines and penalties for road accidents and insurance policies vary from state to state, thus in the US it is important to not only to be acquainted with the laws of your state but also to understand how these laws would affect your insurance policies and driving privileges. Auto car insurance is required by law, as they are a great investment and protection for you and other people from accidents that can occur in the future. It makes you financially responsible and capable of covering for damages that occurred due to unforeseen accidents.

However, for those who have been caught with multiple traffic violations (such as reckless driving, DUI/DWI, and driving without insurance) that resulted in a suspension of their driver’s license, the court may require them to carry SR-22. The Illinois SR-22 is a type of document or certification used to verify that the driver is carrying insurance. Under Section 3-707 of Illinois’ Vehicle Code, anyone who is required to carry the SR-22 will receive it through the Office of the Secretary of State. The driver would have to contact their insurance company (that are licensed and listed in the State of Illinois) and they will be the one who will receive payment. The insurance company will also be the one who will refer the request for SR-22 certificate, which is directly sent to the Secretary of State. After acceptance, a letter from the Secretary of State and a copy of the SR-22 from the insurance company will be given to the applicant.

It is imperative that the SR-22 have to be carried for three years, as cancellation of insurance premium can only lead to the suspension of driver’s license. If you have file an application for SR-22 only after you have received a notice form the Secretary of State. After receiving the notice, you are given 90 days to file for SR-22 or risk getting your driver’s license suspended. The main reason for people to be required of SR-22 is when they commit or qualify for a mandatory insurance offense, such as traffic violations. Despite the benefits of having SR-22, it can still negatively impact your insurance premiums, making them be more expensive. It is therefore always better to drive safe and obey traffic rules to avoid committing violations.

Take Care not to Get Hurt on Cruise Vacations

Cruise ships may offer time off from the busy and hectic work life, but it still comes with the risks of being involved in accidents. Despite safety precautions and procedures that the cruise ship and their staff maintain, accidents are still unavoidable, and through the years reports about such unfortunate incidents have been increasing. Some of the most commonly reported accidents or incidents reported while on a cruise ship are food poisoning, drowning accidents, slip and fall accidents, and even physical assault cases. Often, the liable parties are the cruise ship liner and their staff for either failing to uphold their responsibility of ensuring the safety of their passengers or their reckless actions that lead to the passenger’s injuries.

The liabilities of the cruise line are evident if the accident occurred onboard the ship, but the responsibility can be different when the accident occurred during an on-shore excursion. Being injured on a cruise ship excursion can lead to serious and even life-threatening injuries. A great majority of these cases often involve several different liable parties, and a thorough investigation is necessary in order for all of these at-fault parties to be held responsible for the accident and injuries.

It is important to know that even if the accident did not occur of the cruise ship, the company is still liable because they have the responsibility to inform and warn their passengers about the dangers that they might encounter when disembarking in a port. Avoiding responsibility through the cruise waivers are one way that cruise ship transfer the blame to the victim, which they would argue as releasing them from any liability. They may furthermore state that contractor supervising the shore excursion in an independent contractor that does not have legal ties with the cruise ship company, thus cleaning them of any responsibility. Regardless of what the waiver states, if the accident was caused by negligence or recklessness, then the party or parties involved should be held accountable for their actions.