Minnesota Divorce and Property Division: What Can I Keep, and What Must be Divided?

So you find yourself either contemplating divorce, or in the middle of a divorce in the State of Minnesota, and need to know what your rights are with regard to all the personal and real property owned by you or your spouse. This article will touch on the “ins and outs” of property division in divorce proceedings consistent with the laws of the State of Minnesota. There are two competing doctrines amongst the various Sates in this country on how property rights are vested to married couples, - “common law property” states and “community property” states. Minnesota is considered a common law property state (or “marital property” state) when it comes to property rights during the marriage. In the United States, there are ten States that are considered “community property” states, which include: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. This article deals specifically with common law property rights within the State of Minnesota.

As a Minnesota divorce attorney, it is critical to meet thoroughly with divorce clients to ascertain all the property interests owned by the divorce clients and the “character” of those property rights. All property will be classified as either “marital property” or “non-marital” property. There is a presumption in the law that all property is marital. Thus, it becomes the burden of the party attempting to classify the property as non-marital to come forth with the necessary proof and evidence to consider the property non-marital.

So – what the heck am I talking about? What do I mean by marital property? . . . and non-marital property?

Per Minnesota divorce laws, all marital property shall be divided equitably between the divorcing spouses. Marital property consists of all property owned by the spouses that is not otherwise classified as non-marital property as explained below. To “equitably divide” the marital property does not necessarily mean to divide the property 50-50 between the spouses. However, in the majority of the Minnesota divorce cases, this is exactly what happens. But, if there is a large disparity in the spouses incomes, the Courts may award to the lower wage earner a higher percentage of the marital property.

So, what is non-marital property? In Minnesota, non-marital property consists of any property that a spouse owned prior to the marriage; that a spouse inherited at anytime, either before or during the marriage; or any property that was gifted directly and solely to one of the spouses (except for gifts from the other spouse). If property is classified as non-marital, then that spouse is entitled to all of such property, without having to divide any portion of it with the other spouse.

To prove the non-marital character of tangible personal property is often times not that difficult. However, when we are dealing with various bank accounts, retirements accounts or investment accounts, things get a little trickier. The spouse must properly and thoroughly “trace” the non-marital funds from their inception through the date of divorce. If the non-marital funds are commingled with marital funds, then that has the effect of converting all the funds to marital funds. Thus, it is very important that the holder of non-marital funds retain such funds in a separate account . . . however, it may not be the most pleasant conversation to have with your spouse when you explain why you are retaining the funds in a separate account: “Honey – I am just keeping the money in a separate account, so in case we get divorced I will get to keep all the money.”

Similarly, if a spouse has an non-marital claim in real estate, it can be difficult to trace such a claim. This comes about when one spouse owns a home prior to the marriage, which has equity, then the parties sell that home and use the proceeds from the sale as a partial down payment towards the new home, and so forth and so on. There are many factors that come into play with this – too many to discuss in this article. However, it should be noted that when computing a potential non-marital claim in real estate, the Courts discern “active appreciation” (i.e. appreciation of the property due to improvements) with “passive appreciation (i.e. appreciation of the property due to market forces). Further, if at anytime during the course of owning the real property, the actual equity in the property is reduced to zero, then this has the effect of eliminating any non-marital claim that may have existed.

As you can see, it can become quite complex and complicated in determining and ascertaining whether any non-marital property exists as part of the marital relationship. It is always very important to speak with a qualified Minnesota divorce lawyer to discuss your rights in the Minnesota divorce proceeding.

Personal Injury: Should I Sue Or Not?

Being a victim of a wrongfully inflicted injury or “tort”, you naturally expect to be compensated for the inconvenience and pain inflicted upon you. Usually, the wrongdoer is expected to pay for damages that resulted from your injury, including: medical expenses, wages that you could’ve earned had the injury not happened, property damage, and your pain and suffering. Punitive damages can also be awarded if a person acted maliciously toward you or in an intentional disregard of your rights. This is to reinforce to the guilty party the seriousness of their actions, and serves as a warning for any future transgressions.

However, the fact that you’re the victim does not necessarily mean that you should sue for damages. Nobody is discounting the fact that you were injured or inconvenienced, but the decision to file a lawsuit is something you need to seriously think about.

Should I Sue?

It is important to note that there are multiple factors to consider when deciding whether or not to sue. Things like the level of fault of the wrongdoer, the severity of your injury, and your own liability to what happened all have to be taken into account.

And another extremely important point to consider is the ability of the wrongdoer to pay for the damages. This is where insurance plays a huge part. If the guilty party is of limited means and does not have insurance for damages resulting from negligence, a lawsuit might just prove to be fruitless.

Also, be aware that insurance typically does not cover intentional torts and therefore might not be worth pursuing. However, some intentional-looking damages are sometimes actually a cause of negligence. For instance, you may be the victim of a practical joke that misfires and injures you. Although the practical joke was intentional, the injury was not, so, your injury can still be covered by liability insurance, assuming the other party has some.

Get Professional Personal Injury Advice

If you are unsure whether a lawsuit is what’s best for you and your situation, you should consult a professional. Find a good personal injury lawyer to look over the details of your potential case.

Start by looking for personal injury lawyers in references such as Martindale Hubbell Bar of Preeminent Lawyers or The Best Lawyers in America. Unlike the Yellow Pages, attorneys cannot just pay to get listed in these publications. These lists are compiled by surveying judges and other lawyers to get their professional opinions on the abilities of their colleagues. Those that get included in the lists have the reputation for effective representation that works to clients’ advantage in settling cases fairly and quickly.

Research is always what counts when in a serious situation like being a victim of tort. Knowing whether you should sue and where to research and locate a reputable personal injury lawyer are just two important things to consider.

What Questions Should You Ask When Choosing A Florida Divorce Lawyer?

Choosing a Florida divorce lawyer is always an important decision. No two lawyers are alike, and you want to make sure you’re getting the very best legal counsel available to you. Simply put, you can’t afford to take any chances, as the results of your divorce case will literally affect you for years to come.

The best way to make sure you choose the lawyer that’s right for you is to know which questions to ask during your initial consultation. As a prospective divorce client, here are some of the most important questions to make certain you ask a lawyer you’re considering hiring.

• How much experience do you have handling divorce cases in Florida? There’s no substitute for relevant experience when it comes to the law. You want to make sure that your lawyer has been handling divorce cases for years, and not just any divorce cases…divorce cases here in Florida. Each state has its own divorce laws, so it’s important to make certain your lawyer has been practicing family law in Florida for many years. It’s also important to verify that your Florida divorce lawyer has handled divorce cases in your specific county as each county has its own unique components regarding how cases are filed and handled.

• Have you handled divorce cases like mine? Not all divorce cases are the same. Some divorce cases have a unique component to them that requires a lawyer with direct experience in that area. For example, if your divorce case involves child abuse on the part of your spouse, you need an attorney who has handled cases involving child abuse. If your case involves infidelity, you want a divorce lawyer with experience handling cases involving infidelity.

• How many cases do you handle at one time? You want to make sure your divorce lawyer has enough time to truly devote himself (or herself) to your case. If it seems like your divorce lawyer has too many cases on his plate, you might be better off choosing someone else to manage your case as you deserve your lawyer’s full attention.

• How much is this going to cost and what is your billing schedule? A lot of clients are nervous to ask about billing, worrying that such questions might come across as tacky. Don’t be worried. It’s important that you know how much your lawyer is going to charge you and how the lawyer’s billing system will work. This needs to be discussed in detail so that there are no nasty surprises later.

• How long will my case take? There’s nothing more frustrating during a divorce case than unexpected delays. Ask your Florida divorce lawyer how long he expects your case will take to be completed. Sure, there are many parts of the process that are out of your attorney’s control, but you want to make sure your lawyer is working hard to keep your case moving forward.

Print these questions out and take them with you to your initial consultation with a potential divorce lawyer.

Important Information On Wisconsin Personal Injury Lawyers

A Wisconsin personal injury lawyer is an individual whose job is to provide legal representation to people who have suffered psychological or physical injuries as a result of negligence by another party or entity in Wisconsin. The Wisconsin personal injury lawyer is not only knowledgeable but experienced in tort law. This is a branch of law that deals with civil wrongs as well as economic and non economic damages to the rights, property or reputation of a person. It is worth noting that a Wisconsin personal injury lawyer is trained and licensed to work in any law field. However, they usually handle cases that are under the jurisdiction of tort law.

A Wisconsin personal injury lawyer has numerous responsibilities that encompasses not only the codes of conduct set in the bar associations where they are licensed but also the ethical and professional rules. After the Wisconsin personal injury lawyer is licensed by the bar association to practice law, he/she is given the legal permit to file complaints, argue cases in state courts, give advice to Wisconsin personal injury victims and also draft legal documents. A personal injury lawyer Wisconsin is also a plaintiff attorney. It is the responsibility of the Wisconsin personal injury attorney to interview new clients and determine the legal matters at hand by conducting an evaluation of their cases.

To work as a Wisconsin personal injury attorney, it is imperative that you pass the written examination set by the bar. In some instances, the Wisconsin personal injury lawyer is required to sit for a written ethics test. To qualify for the written examination, you need to be in possession of a bachelor’s degree in law from an ascribed university. Once a Wisconsin personal injury lawyer is admitted to the bar, it is important that he/she stays up-to-date with developments in the field of law. The Wisconsin personal injury attorney is to do this by completing several courses in what are referred to as CLE or continuing legal education.

After a Wisconsin personal injury lawyer gets his/her practicing license, he/she is free to seek employment in an established firm or start a small firm. There are dozens of firms where a newly qualified Wisconsin personal injury attorney can send his/her job applications. Clients prefer attorneys with their own practices as they give more personalized services. You are guaranteed of a one-on-one interview with a Wisconsin personal injury lawyer who runs a solo practice. Moreover, their fees are considerably lower.

If you are looking for the services of a Wisconsin personal injury lawyer, the internet is the best place to look. Most, if not all, of them advertise their services online with the aim of reaching more people. Some attorneys go as far as advertising on television. Still, another place you can look for the lawyers are professional magazines. If you have a close friend or relative that has used the services of a Wisconsin personal injury notary in the past, you should also talk to them. They are best placed to tell you where to find a good lawyer.

What You Need to Know for Your Initial Consultation with a Divorce Lawyer

If you’re facing a divorce, your world is probably a little upside down right now. It’s a very jarring experience to go through a divorce. You have to start thinking about life after divorce, figure out your finances, deal with all of the emotions swirling through you, and hire a lawyer to handle your case.

With so much to deal with, the one thing that shouldn’t be overwhelming or stressful is meeting with a Florida divorce attorney. After all, it’s the attorney’s job to make your divorce easier on you…to reduce your stress.

Of course, before you hire a divorce lawyer, you need to meet with the lawyer to ensure they’re the right choice for you. This involves an initial consultation. Knowing what to expect during your consultation with a potential divorce attorney will prepare you to get the most from the consultation so you can make an informed decision that’s truly in your best interest.

The first thing you need to do is show up to your first consultation with the right documents. Some of the things you should bring include: the last few years of tax filings, your most recent W-2, any evidence you might have of marital misconduct, retirement statements, financial statements (bank statements, credit card bills, etc.), list of property, legal documents, and anything else your divorce lawyer requests.

Why are these documents so important?

Because they help the attorney understand your average income and assets so that he or she can work to ensure fair division of property and support arrangements for your divorce.

You also need to be prepared to ask your lawyer a number of questions to determine if this truly is the best divorce attorney for your case.

Some questions you need to ask are:

• How long have you been handling divorce cases in Florida? You need a lawyer that has been practicing family law in Florida for several years. Florida divorce laws are different from those in other states, so make sure your lawyer has the right experience to handle your case without any mistakes being made.

• Have you handled a case like mine? Every divorce case is different. Your case may be centered around some specific element (e.g. marital misconduct, child abuse) that requires a unique approach. You want to be certain the lawyer you choose has worked on cases that are similar to yours.

• What approach will you take with this case? Every lawyer has his or her own style. Some lawyers are really aggressive; others are laid back. And other lawyers bring a balance, allowing them to be as aggressive as necessary to protect your rights and secure a positive outcome to your case.

• How much do you charge? Rates are very important. You need to know if you can afford to hire the attorney, and you need to understand how the attorney will bill you so there are no surprises later.

With this information, you’ll get much more from your initial consultation with a divorce

Minneapolis Assault Lawyer : To Protect An Individual’s Rights

Being embroiled in a court case can take years at times to get dissolved. As a responsible citizen it is important for an individual to adhere to the law. However, many a times unwittingly or due to unfortunate circumstances people find themselves facing charges for illicit activity. Irrespective of the level of crime or severity of the situation, finding a reputed lawyer like the Minneapolis assault lawyer is mandatory. In general to undertake a general lawsuit in a court house involves lots of procedure and formalities. Understanding the complexity of the nature a reputed lawyer like Minneapolis assault lawyer will advise you on the severity of the situation and suitable course of action to be undertaken to protect an individual’s right.

When facing a legal charge first and foremost thing a person should do is keep a calm mind and analyze the next step which is to be taken. When facing felony charges, the severity of the punishment and outcome of the case is determined by many factors. A simple case of theft like shop lifting can have serious consequences and can result in hefty penalty and sometimes even sentenced to prison if proved against the individual. When looking for an attorney an individual should look for a lawyer who has in-depth knowledge and good experience in theft and other related cases like the Minneapolis theft lawyer. The attorney will take every step necessary in order to protect their clients’ right and provide you with all legal assistance to give you maximum protection.

One of the common cases an individual comes across is driving under the influence (DUI). Even drinking a beer and driving comes under DUI and have serious penalties. The punishment may include serving jail time, heavy fine, and cancellation of driving license. The level of punishment increases dramatically depending on the number of times being booked for driving under influence sometime even leading to permanent loss of driving privileges. The license needs to be renewed within 30 days or else will be counted against the individual in future DUI charges. It is important to contact an experienced attorney like Minneapolis DWI lawyer on an immediate basis. The Minnesota DWI attorney will try their best to dismiss the charges or minimize the penalty and possibly no jail time depending upon each individual’s case.

Minneapolis theft attorney are available 24 hours seven days a week to assist an individual in need. Minneapolis assault attorney will give the case their complete attention and will try their best to defend your rights. It is easy to come under assault charges, an individual can come under charges for being present in the scene of crime. An individual can be charged with assault without having actually hit anyone. Or being provoked to get into fight, legal charges can be implemented for threatening or attempting to cause bodily harm. Minneapolis assault attorney will do a thorough analysis of an individual’s case and will prepare a strong defense to represent in the court to increase an individual’s chances of winning.

How to Find a Good accident lawyers in Denver

There are numerous commercials of accident lawyers in Denver calling out on victims of automobile accidents or those hurt within their work environment all over the televisions. However, none has bothered to demystify who the personal injury attorney in Denver is, the group of persons these attorneys represent and how to find a good personal injury attorney for your self.

So before getting to how to find a good injury attorney in Denver let is first understand who these attorneys are and the people they represent. Personal injury attorneys mainly represent victims of injuries resulting from the negligence of another person or even a business. This could be in the work place or the roads through automobile accidents or even psychological hurts. The cases could be against individuals or government agencies.
The question then is how do you find the best personal injury lawyers in Denver? The first step is to find an attorney who has experience within the locality where the case will be heard. This is because personal injury laws vary from one locality to the other and this also applies to the courts and court procedures. Secondly, ensure that you find out about that attorney’s reputation in previous related cases before you opt on working with them. This may call for a bit of shopping around as opposed to making a quick pick.

You may also want to consider a Denver personal injury law firm or attorneys who offer trial consultation services for free at the initial stages hence you could books a meeting or two with such, get an insight into the possible outcomes of your case as well as the chances of emerging victorious. Should you be dissatisfied with the proposed possibilities, you can seek another opinion. This should be done keeping in mind that the lawyer attorney is in business therefore you too must get a section of what will come through at the close of the case.

Besides finding contacts of good personal injury attorneys from the yellow pages, you could also enlist the services of the lawyer referral agencies most of which are State Bar Association sponsored hence will connect your with lawyers who are experienced in handling cases that are similar to yours.

Web directories could also be very useful in the search for a good accident lawyers in Denver. However, you should be careful to find an attorney with whom you have a rapport with and have developed a considerable degree of trust for. In fact, finding a good attorney can be equated to finding a personal doctor because even with the personal injury attorney, your life may as well be in his hands.

You may also want to consider the level of training of you preferred attorney as well as, whether he meets that required up to date criteria for practicing including having taken bar exams for the sate in which they will be representing you since these exams vary from one state to the other.

A Brief Guide To Basic Information On Australian Law

A competent lawyer from Parramatta is highly sought after in the city, which is the economic capital of Greater western Sydney and the administrative seat of the local government. Considered as the sixth largest business district in Australia, Parramatta is buzzing with activities of agencies like the New South Wales Police Force, Sydney central business district, development in transport interchange, and ongoing activities of the civic place local government precinct. There are numerous legal issues beyond the knowledge of a layman to be dealt with everyday. For the relief of citizens, an excellent team of lawyers, solicitors, and attorneys of the area come to the aid of the people in need of legal help.

The Legal System of Australia

The legal system and law in Australia can be complicated for a common man, as it is based on laws enacted not only by the Parliament of Australia, but also by the states and territories of Australia that are self-governing with separate jurisdictions. Courts in Australia can be characterized by:

* Supreme Court

* State courts

* Federal courts

* General courts

* Specialist courts

* Courts under general jurisdiction

* Courts under limited jurisdiction

* Magistrate or local courts

The decisions of the Supreme Court are final and regarded impeachable, unless they are set aside on appeal.

Initially, the Australian law system was modeled on the historical English court; eventually, it was replaced by a complex law structure. The legal system is divided into different categories for fast functioning of the courts. The categorization and specialization of the laws saves time and effort for everyone involved in legal activities. Some common categories of the Australian legal system are:

* Criminal law

* Family law

* Traffic law

* Constitutional law

* Administrative law

* Contract law

* Copyright law

* Sedition law

* Heritage law

* Insurance law

* Labor law

* Migration law

* Privacy law

* Security law

* Tort law

* Same sex marriage law

The different categories can confuse a person with limited knowledge of Australian laws. On the positive side, a competent lawyer from Parramatta, functioning in and around the area, provides legal assistance to citizens in times of need.

How To Find A Competent Lawyer From Parramatta

A reputable lawyer from Parramatta working in well-known legal firms provides a variety of legal services in all categories of law, like the criminal or traffic law. People associated with legal activities strongly believe that every person is entitled to respect, in addition to a strong vigorous defense in the case of conviction. Law firms have their offices established in the main centers of busy places like Sydney CBD, Parramatta, Queensland, and other such places in Australia. Their team of attorneys and solicitors are highly experienced in their specialized fields, with a strong drive to succeed fairly. Lawyers from Parramatta are willing to help any person who needs legal help under right circumstances, with highly competitive legal assistance. The legal agencies have highly useful websites, providing details about their team of specialized lawyers and attorneys as well as detailed information on Australian law.

Citizens in the district can avail the expertise and services of a lawyer from Parramatta, who would offer the most dynamic defense with a personal approach, at reasonable fees

A Breakdown of Maritime Laws

Although many sorts of law are talked about constantly, maritime law remains an unknown area of the law to a lot of people. In fact, even people who are directly affected by maritime law often do not understand it. Maritime law, completely different when in comparison with the Law of the Sea, has been in effect for hundreds of years, dating back to right after the first crafts started to transport cargo and people through the oceans.

Lots of people think about maritime law which relates to crime on the ocean, much like the latest incidents involving piracy, still maritime law covers in addition to that. It is an intricate section of the law quite often only attorneys with maritime experience concentrate on.

Several of the maritime law trials involve crimes which happen in international waters. Nonetheless, there are only five forms of cases that could be heard in the U.S. federal court. Law suits hoping to limit a ship's obligation, vessel seizures, property repossessions, salvage and ownership disputes, in which the boat's title is challenged, are handled in federal court. Should your claim doesn't fall inside these standards, the claims will likely be taken to state court.

Maritime law, from time to time called Admiralty Law, usually features a statute of limitation of three years for claims for accidental injury or wrongful death. In law suits involving cargo damage or lost cargo, the statute of limitation is generally 24 months.

Large passenger ships have just a one year time limit for passenger ship tickets. Damages to cargo being sent in international waters are managed within the Carriage of Goods by Sea Act, making the ship owner responsible for the cargo from the moment it is placed onto the ship through to the time that it is unloaded on the receiving dock.

Damage to the ships' staff is offered compensation through what is called the sector of "maintenance and cure". This principle requiresthe ship's owner to cover any and all medical obligations for their recovery as well as to cover basic living expenses until they are fully recovered. It can be tricky because many of the injuries may sit on the line between state and federal authority.

If you've just beeninvolved in a maritime mishap, it is critical for you to look for help from a maritime legal practitioner. Maritime legal representatives understand the law and may help you gain any reparation you may be due, or might possibly simply deserve.

Should I File for Bankruptcy? Do I Qualify for Bankruptcy?

When you are having trouble paying your bills, it is easy to feel overwhelmed. You've thought about bankruptcy but you've overheard awful things about what it can do to your credit and your future. All you really want is a way to get out from beneath your debt and move on with your life. You possibly have creditors calling and sending frightening letters demanding payment. It can reach a point where you are scared to pick up the phone or check your mail. The truth is that filing bankruptcy is not a tragic ending but a new beginning and getting a fresh start without the weight of extreme debt holding you back. Bankruptcy is about starting over.

Individuals often become overwhelmed with unexpected interest credit card debt that is tough to manage. An unpredicted illness can also lead to large medical bills that are difficult to repay. Or an unpredicted decrease in income can lead to large credit card debt that you are unable to pay.

Many people end up filing for bankruptcy due to situations that were not in their control. People try to escape bankruptcy but they don’t realize that it can actually hurt them in many situations. If you are thinking about filing bankruptcy, you should look into all the options available to you and get the help you need to make a smart choice. Things change in life and sporadically we face hard times. All types of bankruptcy are intended to give you the new start you deserve and allow you to take control of your financial position by living your life debt free.

The credit card business is making billions of dollars off high interest credit card debt. The credit card business also creates many complications for customers by repeatedly sending them additional credit cards with higher limits.

There are several different choices available to clients seeking debt relief. Bankruptcy law can be very multipart. You should take the time to comprehend all your choices before you make a decision and find the path that would be best for you. Definitely do some research on all the pros and cons of bankruptcy. You should also discuss alternatives to bankruptcy if you decide that another course of action would better fit your wishes.

Ask yourself the following questions:

• Are you behind on car payments?

• Are you behind on your house payments?

• Is your house facing foreclosure?

• Are you using one credit card to pay another credit card?

• Are they threatening to repossess your car?

• Are you being sued by a creditor?

• Are you worried your paychecks are going to be garnished?

• Are you worried that creditors will seize your bank account or your tax refund?

• Do you want a fresh start?

• Do you want to start a new life?

Do I Qualify for Bankruptcy? Below are a few basic guidelines for bankruptcy:

1) You first must take a financial counseling course that is approved by the court.

2) Is your current monthly income more than the median income?

• If the answer is yes then you will need to file a chapter 13 bankruptcy.

• If your answer is no then you will need to file a chapter 7 bankruptcy.

3) In both cases you must take an approved Credit Counseling Course to get a discharge from your bankruptcy.

When the above complications are consistent occurrences, you'll want to acquire more information about what filing a Bankruptcy can do to help you. There are bankruptcy laws intended to help you; seeking expert advice from bankruptcy attorneys will help

Fight Global Warming ADGRPID:|SERVTYPE: Are Managers exempt?

Article Summary: Managers typically don't receive overtime because they're exempt. Employers often assume that their management trainees fall into the same category and are exempt. They don't, and they aren't.

Managers typically don't receive overtime because they're exempt. Employers often assume that their management trainees fall into the same category and are exempt. They don't, and they aren't.

This mistake is more significant now because under the Obama administration, the Department of Labor has increased its efforts to crack down on employers who misclassify employees as exempt. Also, recently, the "hottest" litigation for plaintiffs' attorneys is wage and hour lawsuits. Because this issue arises under federal law, it applies to employers whether they operate in Indiana or in other states.

Basic Rule

Two common exemptions are the executive and administrative. An employee who meets all the requirements of either is exempt. Managers often qualify for one or both. Although the FLSA doesn't address managers in training, a regulation provides that a management trainee must meet all the requirements of either exemption to be exempt from overtime. The bar isn't lowered simply because the employee is in training.

Another common misconception by employers is the mere fact they're paying someone a salary means that person is exempt from overtime. This too is incorrect. Being paid a salary is only one of multiple requirements that must be met for an employee to be exempt.

Executive and Administrative Exemptions

To qualify for either the executive or administrative exemption, an employee must receive at least $455 per week on a salary basis and meet other primary duty requirements. Although time isn't determinative, a good rule of thumb is that the primary duty is the duty on which the employee spends more than 50% of his time.

To meet the executive exemption, the employee's primary duty must be management of a department or subdivision of the business; he must regularly direct at least two full-time employees or their equivalent; and he must have authority to hire and fire, or his recommendations on changes of status must be given particular weight.

To meet the administrative exemption, the employee's primary duty must be the performance of office or non-manual work directly related to management or general business operations of the employer or its customers; and that primary duty must include exercising discretion and independent judgment on matters of significance. Exercising discretion and independent judgment entails the comparison and evaluation of possible courses of action and making a decision after considering them.

Why Management Trainees Usually Aren't Exempt

Management trainees often meet the $455 weekly salary requirement but fail to satisfy one or more of the other requirements for either the executive or administrative exemption.

For example, a management trainee may shadow a manager who is in charge of a department or subdivision of the business. However, if the trainee isn't in charge of a department or subdivision, doesn't supervise at least two full-time employees or their equivalent (shared responsibility isn't sufficient), or doesn't have the authority to hire and fire or have meaningful input into changes of status, the trainee doesn't satisfy the other exemption requirements. Simply being present when the manager interviews, discharges, disciplines, or evaluates other employees isn't sufficient.

Management trainees also often fail to satisfy other requirements for the administrative exemption. For example, a trainee may shadow a manager who exercises discretion and independent judgment. However, if the trainee doesn't exercise discretion and independent judgment, or doesn't make any decisions or recommendations but simply follows instructions or procedures, he doesn't satisfy the other exemption requirements.

"Management or general business operations" doesn't include production or sales. To satisfy the second requirement, the employee must assist with the running of the business.

Conclusion

If you consider your management trainees to be exempt, carefully review whether they satisfy all the requirements of at least one exemption. If they qualify for either the executive or administrative exemption, they're not entitled to overtime. On the other hand, if they don't satisfy all the requirements of at least one exemption, they're entitled to overtime for all hours they work over 40 in a week at one and one half times their regular rate. Thus, for example, if the management trainee is paid a salary of $600 a week and worked 50 hours then his regular rate is $12 an hour ($600/50 hrs.) and his overtime rate is $18 for all hours over 40 using the fluctuating work week method of calculating overtime. In this example, he would be entitled to $600 plus $180 in overtime pay for a total of $780. The more hours your management trainees work, the greater the potential liability. Consult with employment counsel if you're unsure as mistakes in this area can be costly.

Fight Global Warming ADGRPID:|SERVTYPE: The Duty to Warn in Boating Accident Injury Cases

Article Summary: In the hot steaming summer months, many Toronto residents head for the beaches or set off for holiday outings at the local lodge for a spell of much needed rest and relaxation But all too often, a planned trip of leisure at the lake can turn into an occasion for catastrophic injury, with all the attendant legal damages and financial loss that might follow

In the hot steaming summer months, many Toronto residents head for the beaches or set off for holiday outings at the local lodge for a spell of much needed rest and relaxation. But all too often, a planned trip of leisure at the lake can turn into an occasion for catastrophic injury, with all the attendant legal damages and financial loss that might follow.



While guests are often presumed by lodge owners to assume, and consent to, a risk of possible injury when operating a vessel on open water, special circumstances might apply in boating accident cases where lodge owners have been deemed to fail in their duty to provide warnings about known dangers - a warning that might be particularly relevant to guests with relatively sophisticated navigational skills.



In the British Columbia Supreme Court decision of Cuppen v. Queen Charlotte Lodge Ltd., for instance, the Court awarded the plaintiff damages in respect of injuries sustained in a boating accident at a lodge. In this case, the defendant lodge asserted that the plaintiff "knew of and consented to the risk of possible injuries in operating a vessel." Moreover, the injured guest was deemed by the Court to be a relatively experienced passenger, presumably cognizant of the dangers inherent in recreational navigation. Why, then, would the Court impose liability on the lodge in this instance?



In Cuppen, the injured plaintiff asserted that the defendant lodge was negligent in equipping its boat with "a defective steering system." According to the plaintiff, the lodge had a duty to warn about dangers it ought to have been aware of at the time. Yet in this case, the Court determined that the "nature or cause of the defect" was unclear, and further, that the plaintiff was unable to show that the defect was caused by the negligent conduct of the lodge. As the Court noted:



While I am satisfied that there was a defect in the boat, it is not possible to determine the nature or cause of the defect. I am not able to infer that the defect itself arose from the lodge's actions. The defect may have been caused by the manufacturer of the steering system. The evidence does not allow me to exclude this as a possible cause of the defect in the boat. Therefore, the plaintiff has not satisfied me that the defect itself was due to negligence by the lodge.



However, I am satisfied that the lodge had a duty to warn [the plaintiff] of dangers it knew or ought to have known of in using the boats.



So here we have a case where a guest at a lodge - who was sophisticated in the ways of recreational boating - was unable to show that the defect causing his injury was due to the defendant's negligence - yet was still able to prevail upon the court to successfully award him damages for his personal injury. How could this be?



The Court determined that the lodge had failed in its duty to warn of dangers that it ought to have known of. As the evidence showed, the lodge had previously "received reports of ‘unexplained' problems guests were experiencing with the boats" - two of which specifically referred to possible defects in the steering mechanism. The fault of the lodge lay in the fact that it did not convey warnings to its other guests upon receiving notification of possible dangers, so that the guests - in the court's words - would be able to maintain a state of "vigilance", taking certain added precautions to avoid possible injury even while assuming the risks of taking a boat out on the water.



In this case, the fact of the injured plaintiff's relative experience and sophistication with boats worked against the interests of the defendant lodge. As the Court saw it, it was precisely the lodge's failure to warn of possible dangers that resulted in injury insofar as the plaintiff was not accorded the benefit of his experience to maintain a state of precautionary vigilance in the light of such warnings. In other words, he might very well have avoided the injury had the lodge responsibly conveyed warnings pertaining to the prior guest complaints.



The Court grounded its reasoning on the Supreme Court of Canada decision of Hollis v. Birch, noting that:



…a manufacturer of a product has a duty to warn customers of dangers it knows or ought to know are inherent in the products used. The duty is a continuing one, requiring manufacturers to warn not only of dangers known at the time of sale, but also of dangers discovered after the product has been sold and delivered.



Proceeding from those principles, the Court went on to impose a "high onus" on the lodge to warn of possible dangers, even if not sufficiently explained by the guests reporting them:



…given the danger inherent in the use of a boat on the open water and the likelihood of injuries should the guest experience difficulty with steering, such as that described in the reports, there was a high onus on [the defendant] Lodge to alert its guests to the possible problem. The lodge would have the same duty to warn, whether the steering difficulty which I have described is considered a defect (as I have concluded) or merely a feature of the boat.



In answering the defendant's assertion that the plaintiff voluntarily assumed the risk of possible injury, the Court concluded:



[The Plaintiff] did not agree to waive any claim for negligence against the lodge. He was not warned of the difficulty other guests were experiencing with the boats, so was not aware of the specific risks. He did not consent to accept the risk of injury. This defence fails.



So what have we learned from this decision? From the defendant's point of view, when operating a business that supplies vessels for use on open water, any prior reports of possible defects should be conveyed as warnings to future customers. From the plaintiff's point of view, a personal injury lawyer would do well to investigate records pertaining to prior complaints, in order to assess whether a defendant has failed in its duty to take certain precautions to warn its customers to avoid the possibility of injury.

How To Avoid Harassing Phone Calls From Creditor?

Article Summary: At one time or other most people have already been reached by a bill collector. Many of us did not remember to settle or fall overdue on payments for mortgages, medical bills, credit cards, cars or maybe many other aspects regarding the bills. This will eventually make us to have a call through the collector.

At one time or other most people have already been reached by a bill collector. Many of us did not remember to settle or fall overdue on payments for mortgages, medical bills, credit cards, cars or maybe many other aspects regarding the bills. This will eventually make us to have a call through the collector.



Your creditors prefer to collect the debts due by you by any methods and they make calls for your workplace or your house. This is amongst the several factors why most of the people refrain from debt.



Here I will discuss few guidelines to avoid the creditor harassment:



Initial thing to discontinue the lender harassment will be to mention each dealing with your collector. Make a note of what your collector speaks to you and as well your response to that. You may also record the phone call, but you need to inform your lender that you're doing this. Just tell that "I am recording the conversation to defend my legal rights". This may ultimately warns your lender and also you can preserve yourself from becoming indicted of illegal wiretapping.



You can also contact an attorney to get any support. If you are at home, you may overlook the lender harassment phone calls. However when you are at the job, your co-workers and your manager will probably monitor plus it results in a bad effects on your work performance and your job level. Talking to a good attorney will help to file the complaint against collector harassment and you'll get a quick stop on your lender harassment. In this you have to look for an experienced lawyer that can deal with this sort of circumstance.



Then provide an approved note for your lender. In the note, speak to your current collector to stop the phone calls to your house and workplace. In addition state the fair debt collection practice act, that is the legal system produced to give protection to the person against the lender even if the calls proceed after giving the letter. In addition maintain a copy of the notice and the signed return notice for your records. This file can be needed if you would like to file a lawsuit against the collector.



If you get a chance, talk with your collector and strive to discuss your problem. Request the creditor to review about the debt repayment plan or even a complete settlement of the debt at stated time in the future. In this, it is very important keep calm when you really want to take the advantage of all those options. Request any guidelines.



Life will likely be difficult with such creditor harassments and can influence your peace of mind. In case you certainly can't pay the debt and like to seek the assistance of a attorney, you can contact an expert debt settlement attorney. A debt relief lawyer who's processed cases just like yours will help you quite a lot in relieving the debt and also the lender harassment. Consider everything that may help you to prevent such type of aggravating issues. Ask the attorney exactly how bankruptcy will improve your state.

Is partnership agreement legal contract?

Article Summary: Partnership agreement is a legally binding contract. Partnership agreement involves two or more co-owners( up to a 20) participating together in a business with an intention to make and share profits, and an understanding that these co-owners act on behalf of each other in the business.

Partnership Agreement

There are a different business structures that you can opt from when setting up your business. The four main forms of business structures commonly used by small businesses are:

- Sole trader: an individual trading on their own.

- Partnership: an association of people or entities carrying on a business together, but not as a company.

- Trust: an entity that holds property or income for the benefit of others.

- Company: a legal entity separate from its shareholders.

Every business structure has pros and cons. But you must choose that business structure that best compatible with your business requirements. You are required to investigate each business option carefully before choosing a business structure. Because it is an important decision that can determine the licenses you will need to operate.

Partnership agreement is a legally binding contract. Partnership agreement involves two or more co-owners( up to a 20) participating together in a business with an intention to make and share profits, and an understanding that these co-owners (or partners) act on behalf of each other in the business.

There are number of advantages attribute to partnership such as few government regulation; tax advantages;share risk ; no need to disclose information to public ; inexpensive to set up; more people to share work load and more people to share losses and business risks

In Australia, each state has its own partnership law such as:

- ACT - Partnership Act 1963

- NSW - Partnership Act 1892

- NT - Partnership Act 1997

- QLD - Partnership Act 1891

- SA - Partnership Act 1891

- TAS - Partnership Act 1891

The partnership law clearly explains the rules on how to set up a partnership. The Partnership law does not require that partnership contract must be in written form. Partnership agreement can be made orally. But to avoid the disputes it is good practice that you must enter into a written partnership agreement with your prospective partner. A written partnership form can be used as a point of reference in the case of disputes between the partners. Therefore a written partnership contract is a key document in any partnership.

The partnership agreement can also give all partners a clearer understanding of their rights, responsibilities and obligations as a partner. It is advisable to review your partnership agreement regularly.

The mutual rights and duties of partners, whether ascertained by partnership agreement or defined by the Partnership Act, may be varied by the consent of all the partners, and such consent may be either expressed or inferred from a course of dealing.

Partnership agreement template commonly covers a number of matters, including:

- the nature and purpose of the business ;

- capital contributions of each partner (cash as well as non-cash contributions such as time) ;

- profit and loss allocation ;

- authority of each partner ;

- how to admit new partners ;

- what happens if a partner dies (sometimes the business is dissolved and liquidated but not always) ;

- how to buy out a partner's share - when one or more partners wish to exit the business, for example ;

- signature authority on the business's bank accounts;

- How conflicts will be resolved.

The major disadvantage of the partnership is unlimited liability of the partners because every partner is jointly and severally liable in the partnership. In the partnership agreement, you and other partner may define the nature of liability but legally each partner liability towards creditor is unlimited. As a partner you are not only liable for your own acts, but also for the acts of your partners, over which you may have little or no control.

No majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners. Where the partnership agreement does not specify the duration of partnership then the other party may retire from the partnership by giving notice to other partner for such purpose. The partnership agreement that does not specify the term of partnership is called partnership at will.

Partnership law dose not allow the partners to carry on the same business as of the partnership without the consent of the other partners. If any partner carries on the same business then he must pay the all profits to the firm that is gained by that business.

The partnership can be dissolved subject to the partnership agreement:

- If entered into for a fixed term, by the expiration of that term;

- If entered into for a single adventure or undertaking, by the termination of that adventure or undertaking;

- If entered into for an undefined time, by any partner giving notice to the other or others of the partner's intention to dissolve the partnership.

Fight Global Warming ADGRPID:|SERVTYPE: Zadroga Attorney is the Lawful Guide

Article Summary: Zadroga attorney is the best man, who has the ideal knowledge of the subject and has the ability to create legal magic.

One should provide sufficient information about the case to Zadroga attorney with details about your medical expenditure, documents and prescriptions given by the doctor for helping him in developing a triumphant case in your favor. It is essential that the claimant should not hide anything from his lawyer as it can work against them. Providing him with genuine information augments your opportunity of getting the claim. It has been noticed that many people scheme fake illness through 9/11 incident and try to get money out from government. But, this deception can result in strict legal actions on the illusory party and make things worse. Only a veteran and well knowledgeable Zadroga attorney can handle this composite case competently and can answer all the questions that are asked from him by the judges in the court. Before taking on the support of a Zadroga Attorney, one should always check the identification of the lawyer that has to be hired.



A Zadroga attorney also states that it is imperative to note that the bodily harm must be confirmed by the medical practitioner providing current medical care. Claimants are, generally, allowed 2 years to present a claim as of the date the system are made in print. Along with this, Zadroga attorney also tells that a person, who consequently learns of bodily harm, must file the claim as soon as he gets to know about the published regulations by the United States Government and should also know that his physical disorder has resulted because of the terror attacks of 9/11. The point of concern is that the people suffering from a deadly disease because of 9/11 should take legal backing from a proficient Zadroga attorney. Though, before you settle on availing the services of any concerned attorney, you must authenticate his credentials and get a meticulous report about his experience, aptitude and other essential aspects. Zadroga attorney helps the victims to take pecuniary help in the form of remunerate. By sanctioning Zadroga Act; New York government has taken pretty useful steps. They also helps in getting thorough knowledge of introduction health estimation such as program eligibility, health monitoring.



To maintain the laws and rights of such families and also the victims, Zadroga attorney is always sought after. In fact, he is known to be the agent of the commandments associated with the victims and enabling them to get the rightful compensation. The prime proviso of Zadroga law is that it gives reimburse to two groups of victims. The first group of Zadroga law beneficiary, according to the Zadroga attorney, is the preliminary responder of the terror strikes. This might encompass of the fire fighting recruits, police employees, paramedics and also volunteers. In case of this grouping of people, if they have got unyielding problems, Zadroga law has situation that would make confident compensate for their medical treatment. The second group of people together with this in the group of Zadroga law includes the dwellers of the district of the twin towers, who happened to inhale the toxic material during the clean up task.