Category Archives: Law firm

The Overtime For Exempt Employees

According to the Fair Labor Standards Act (FLSA), some employees are exempt from the payment of an enhanced rate of pay for each hour over forty (40) in a work week, also known as ‘overtime’. While employers are not required to compensate otherwise exempt employees, some employers choose to pay additional compensation to exempt employees for additional work. In order to keep the exemption, employers need to provide this compensation carefully and in compliance with applicable laws.

Pursuant to Section 541.604 of the FLSA, an employer may provide an exempt employee with additional compensation beyond the employee’s regular salary without losing the exemption or violating the salary basis requirement, if the employment arrangement also includes a guaranteed salary of at least $455 per week, without any deductions for additional compensation may be in the form of a bonus, flat sum, additional time off, or time and a half or straight time pay for all hours the employee works beyond a normal work week.

The normal work week can be defined by the employer as it determines is appropriate for the salaried employee and does not have to be in accordance with the requirements of the FLSA. Therefore, an employer can determine how many hours it wants to declare constitute a normal work week for salaried employees. For instance an employer can have a policy that it will only pay straight time to employees for all hours worked over 50 hours per week, not the 40 hours as required for non-exempt employees.

The Federal Acquisitions Regulations (FAR) state that the use of uncompensated overtime, “hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act, is not encouraged.

Furthermore, if you are not going to pay overtime to overtime exempt FAR Regulation 37.115-2 states that when professional or technical services are acquired on the basis of the number of hours to be provided, rather than on the task to be performed, the solicitation shall require offerors to identify uncompensated overtime hours and the uncompensated overtime rate for direct charge Fair Labor Standards Act-exempt personnel included in their proposals and subcontractor proposals. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged 37.115-2.

This section suggests that under FAR the payment of overtime for exempt employees is encouraged when the contract is based upon time and materials. The FAR regulations also require that contractors abide by federal wage and hours laws regarding the payment of overtime to non-exempt employees.

Compensating exempt employees as non-exempt by paying customary time-and-a-half pay can lead to a termination of the exemption and legal action against the employer.

An exempt employee is “exempt” or excused from the overtime pay requirements. Exempt status little to do with the actual job description or title, but rather focuses more on the duties and responsibilities of the employee. Though the definition may vary by jurisdiction, an employee is usually exempt if they have more responsibilities than the average employee, and if they perform tasks that are more managerial in nature.

Exempt employees are not required to punch a clock. The FLSA does not place limits on the amount of time that an employer is allowed to require an exempt employee to work. Again, state laws may have different requirements from the FLSA.

Therefore, such employees are exempt from being paid overtime because it is assumed that the worker is working rather independently and has more discretion in the execution of their tasks. For example, if the person is involved in hiring and firing duties, they will likely be classified as exempt.

Certain categories of workers are automatically listed as exempt, including administrative personnel, executives, highly skilled workers, and licensed professionals such as doctors and engineers. Also, even if an employee is not specifically listed as exempt, they may fit into an overtime pay exemption category based on what their daily responsibilities involve.

Best Attorney Take Responses to Computer Crimes

Computer crimes been very rampant in the community and this is indeed alarming to the public especially to the businesses involving financial companies which situation their data warehouses online. Most of the victims of the computer crimes or commonly known as the cyber crimes were the financial institutions and companies. The financial information of the public, for the criminals doing cyber crimes were the essential bloodline of their task.

What does this criminals do to the financial accounts? On line financial statements and details were the main access to the assets and property of a certain individual which became the victims. Most of the individuals were using access to the Internet and computers for online transactions where being offer private material and perhaps do affordable goods and reasonable opportunities. If your private assets goes in wrong possession and you become divided or you begin getting extravagant emails or your e-mail thought gets chock-full with extra mails; indicates you have become a victim of computer crimes.

Best attorney was speaking about the legal matter involving these crimes. Protecting the identity and securing private details is very essential to cut off the motif of the individuals to commit computer crimes. If you are having trouble to the financial company where you invested you property always seek for legal attention with the best attorney right away. The expertise of the lawyers with the focus to the cyber law is essential to take a good response prior to your case and complaints.

Cyber-Theft is the use of computers and network methods to take information and sensitive personal details in e-mail. Many announcements on the Internet offer the individuals with free guidance indicating investments where they should invest. Sometimes these guidance are totally bogus and cause reduction to the individuals. Charge card cons is also very typical.

Most of the organizations and financial corporations don’t display that they have been the people of online -theft because of the fear of sacrificing customers and talk about conditions. Cyber-theft is the most typical and the most unveiled of all cyber-crimes. Cyber-theft is a frequent cyber-crime because it can easily take qualified cyber-criminal big money due to very little work. Furthermore, there is little possibility an experienced cyber-criminal will be caught by law enforcement.

Always consider the to best attorney handle this like cases. In addition protecting you own properties is essential and you must start it by protecting your own identity again ts cyber-theft.

Matthew Couloute And The Save Cyberspace Campaign

In case the name does not ring any bells, it suffices to say that Matt Couloute is one of the most famous attorneys in the United States. His fame was not, as some may consider, brought by the recent scandals caused by the affair allegations of two women, but rather from the professional manner in which he has handled quite a few delicate and complex cases. Moreover, his major clients include some of the most famous football teams in the NFL and Couloute was even appointed the vice-presidency of the counseling department. However, the inspiration to found the Save Cyberspace campaign is assumed to be related to the aforementioned affair allegations.

In short, the image of Matthew Couloute was severely afflicted when two of his former girlfriends, namely Stacey Blitsch and Amanda Ryncarz posted defaming statements on a specialty website that features negative comments regarding ex relationship partners. Matt Couloute denied the allegations, which were vague, resentful and without stating any information regarding the time or the circumstances when the assumed affairs took place. At the same time, it is necessary to point out that the website does not make it its business to verify whether the statements posted are true or simple fabrications of individuals who leave a relationship holding a grudge.

As of such, Matthew Couloute understood that his case is not singular and there are probably thousands and thousands of people who suffer grave injustices on the World Wide Web every day. The campaign, which was dubbed save cyberspace for obvious reasons, pledges to expose cyber-bullies and cyber-paths and bring them to justice for their offenses. The organization, which was founded in 2012 is non-profit and its sole purpose is the transformation of the current online environment towards a place in which people can feel safe.

It is necessary to understand that Matt Couloute’s non-profit organization does not aim to censor the freedom of speech on the internet. There is a certain point up to which any individual is free to share his opinions, thoughts or ideas openly across the web. However, certain people, referred to as cyber-bullies or cyber-paths abuse their freedom of speech in the detriment of others, causing them emotional harm, inducing false sensations of guilt or damaging their image to no other end but their personal satisfaction. The category most vulnerable to these actions are children and teenagers who did not yet develop an establish self-image or suffer from low self-esteem.

Matthew Couloute and his organization pointed out several cases of cyber abuse and the need to regulate the harmful actions in the future. At the same time, statistics in growing suicide rates among teenagers as results of cyber abuse speak for themselves regarding the necessity of preventing this type of online conduct. All of the online content, whether positive or negative, genuine or false is virtually permanent and there are no known ways to completely remove it. Therefore, the only sensible course of action implies educating the people regarding the importance of taking responsibility for their posts and the sanctions that apply when they do not.

Diverse Aspects of Web Law

World wide web regulation is often a tricky subject to cover simply because you will find so many bodies overlapping each other because of its international nature – the vast global reach of the internet makes it tough to control. However, where ever you’re there exists rules about the law. For example, world wide web privacy laws safeguard info, data, net network and identity of web users. A internet user’s facts is highly sensitive in the on the web environment. Owing to the concealment of internet users’ identity; on the internet crime has elevated immeasurably over the years placing all web users at the risk of having their information ‘stolen.’ There’s also a limit the extent to which internet users can conceal their identities, as an example all internet users leave a trail of foot actions behind them which leads directly back to them via IPs.

Hackers and cyber criminals raise each day as the net spreads its reach. Hackers usually breach the privacy of web users by illegally accessing their password protected content. Identity theft cases are on the rise because of the boost in on line transactions. Internet users, who conduct transactions on the net, requiring the exchange of private facts, should check for the legitimacy of websites.

On the internet privacy can not simply be breached by hackers and cyber criminals, but also by careless internet usage. Internet users may possibly unknowingly share private information with otherss. Bloggers are constantly at risk of revealing their privacy. Indeed, when loads of small bits of facts are revealed over time, though each piece may not reveal considerably about you, the pieces in entirety can.

It truly is the correct of each internet user to know what these laws dictate to be able to both safeguard their privacy and stay away from violating these laws. Internet users can gain a lot of data about privacy laws too as the net law by consulting a lawyer who specialized in on the internet law.