April 23, 2014
Attacks by domestic dogs, such as Pit Bulls, Rottweilers, and other known aggressive breeds can cause awful injuries. In many cases, serious dog bites can leave long lasting, permanent scars and disfigurement. If these injuries are the result of an owner’s negligent keeping of his or her animal, the victim has the right to fair compensation. Obtaining that fair compensation is often not as easy as one might think. Unlike automobile collisions, where there are clear “rules of the road” that everyone must follow, and insurance is nearly always available, dog bite cases routinely involve serious disputes over the availability of insurance coverage and whether the owner actually acted negligently in anyway. To navigate these issues, you need aggressive North Carolina attorneys willing to investigate and, if necessary, file suit.
April 13, 2014
Employees are entitled to compensation when “on duty.” This can be difficult to define since employees can be “on duty” if when inactive. For example, truck drivers who have to wait near the job site for goods to be loaded on his truck would be on duty, even though he is not actually working. The Fair Labor Standards Act (FLSA) provides that an employee remains on duty when periods of inactivity are of short duration or are unpredictable because the employee is unable to use the time effectively for their own purposes.
April 12, 2014
The Portal-to-Portal Act provides that “walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform” is not included in the minimum wage and overtime provisions of the Fair Labor Standards Act. Oftentimes, however, travelling field representatives, salesmen, repairmen, or other employees, should be paid for the time they spend driving. Read more
Employers and Independent Contractors under the Fair Labor Standards Act — Wake County FLSA Attorney
April 11, 2014
The Fair Labor Standards Act (FLSA) comprises four major requirements: a minimum wage, an overtime standard, restrictions on child labor, and equal pay. These requirements apply to all “covered employees” under the Act. Many employers attempt to get around the strict requirements of the FLSA by labeling employees as independent contractors. If you are an independent contractor who is doing the work of an employee, and therefore eligible for employee benefits like overtime and minimum wage, contact the wage and hour lawyers at Maginnis Law, PLLC at 919.960.1545 or submit a new case inquiry here. Read more
April 10, 2014
To avoid the Fair Labor Standards Act’s requirements for the payment of overtime and minimum wage, many companies are labeling employees as independent contractors. However, simply labeling someone an “independent contractor” does not make it true. If your employer is labeling you as an independent contractor to avoid paying you overtime or minimum wage, contact the attorneys at Maginnis Law, PLLC at 919-960-1545 for a free consultation regarding your rights. Read more
Workers Compensation for Certified Nursing Assistants/CNAs — Wake County Workers Compensation Lawyer
April 10, 2014
Certified Nursing Assistants (CNAS) working in nursing homes are at significant risk for work-related injuries. Each year more than 100,000 CNAs are hurt on the job. If you are a certified nursing assistant who has been injured as the result of a work related accident the workers’ compensation attorneys at Maginnis Law can help you get the medical treatment and compensation you deserve. Contact the firm at 919-335-6172 or submit a confidential new client inquiry here. Read more
January 27, 2014
In North Carolina “domestic violence” has a specific definition and only certain acts are prohibited. You must have a “personal relationship” to be charged with domestic violence. What constitutes a “personal relationship” is defined by statute and is very specific. To find out whether you have a domestic violence case as defined by North Carolina law, contact the Wake County family law attorneys of Maginnis Law, PLLC at 919.960.1545 or send a confidential email inquiry using our contact page. Read more
January 16, 2014
Employers are required to pay their employees overtime for any hours worked over 40 each week. North Carolina and Federal law allow for exemptions from the rules for certain employees. Many companies wrongfully attempt to take advantage of these exemptions to avoid paying employees overtime. Mortgage loan officers are oftentimes mislabeled as exempt from the Fair Labor Standard Act’s (FLSA’s) overtime requirement. The overtime lawyers of Maginnis Law, PLLC have experience assisting mortgage loan officers in getting the overtime compensation they are owed. Read more
January 15, 2014
The Fair Labor Standards Act (FLSA) and the North Carolina Wage and Hour Act (NCWHA) requires employers to pay their workers no less than minimum wage. Additionally, employers are required to pay their employees overtime for all hours worked over 40 hours. Overtime is equal to one and one-half times the regular wage rate. However, the FLSA and NCWHA does not protect everyone. There are many exemptions from the general rules. If your employer is not paying you minimum wage or overtime in violation of federal or North Carolina law, contact the employment law attorneys at Maginnis Law, PLLC or submit a confidential new case inquiry here. Read more
Nonpayment of Overtime Wages to Pharmaceutical Sales Representatives — North Carolina Wage and Hour Attorney
January 14, 2014
Pharmaceutical sales representatives are often denied overtime compensation. Pharmaceutical companies attempt to take advantage of pharmaceutical sales representatives by telling them they are exempt from overtime pay pursuant to the outside sales exemption of the Fair Labor Standards Act or North Carolina Wage and Hour Act.