Archive for September 25th, 2009

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Florida Slip and Fall Cases – Atlantic City Casino – Expert Advice

September 25, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Slip and Fall at an Atlantic City Casino

Question: 10 days ago, I was staying at the Borgota Casino in AC. After
coming back inside from checking the weather (it was very nasty and rainy
out), I tripped and fell onto my left knee in the entrance way. Because of
the weather and foot traffic from the revolving door, the floor was wet, but
there weren’t any "CAUTION WET FLOOR" signs.
I assumed that I just bumped it and it was swollen so I didn’t take any
further action to report it. I don’t have health insurance so I didn’t want
to have to pay an enormous fee at the hospital to get it checked out.

It’s been 10 days, and I can’t even bend my knee now. The swelling hasn’t
gone down, and I feel there may be some fluid in my knee cap. Like I said, I
have been laid off from my job, and don’t have health insurance and can’t
afford to see a doctor. How do you suggest I go about contacting the Borgota
and letting them know of my injury? Is it too late?

Thanks for your help.

Answer: It is not too late, but it’s getting close.  My advice to you
is to contact an accident lawyer in New Jersey and discuss the claim with
him/her asap.  The answer to your question depends on the law in New Jersey
for slip and fall accidents, and how bad your injuries are.  I am a Florida
accident lawyer specializing in auto accidents, Florida slip and fall cases, and workers
compensation claims.  Laws vary from state to state so the law in a Florida
slip and fall
claim may be different than one in New Jersey.

The best advice I can give you is to speak with a accident lawyer in New
Jersey that specializes in premises liability claims, i.e. slip and falls.
He can advise you what the law is in New Jersey for slip and fall accidents
such as yours.

Generally, a landowner such as a hotel owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may
not be able to appreciate themselves.  Water on the floor is a pretty common
example of the hotel not maintaining the property in a reasonably safe
condition.  The fact that it occurred near the revolving door, with poor
weather outside, indicates the hotel either knew of the slippery floor, or
definitely should have known about it.  If you can establish liability against the hotel, you should be entitled to compensation for your injury,
pain and suffering, lost wages, and whatever benefits New Jersey law allows.

I have found in Florida slip and fall cases, many people will wait to see if the injury disappears over time, but often
times it does not.  You have not waited too long, but you should move
quickly to have a accident attorney evaluate your claim, and to seek medical
care.  Your attorney can advise you of ways to seek medical care even if you
don’t have health insurance.

You should contact an attorney soon.  There are many steps your attorney
should take now, i.e. notify the insurance company for the casino, find out
what types of coverage are available, obtain photographs, etc, that should
all be done now.  The Borgota is a large hotel/casino.  There are most
likely other cases like yours which have occurred there.  If you contact an
experienced accident lawyer, he/she has most likely handled a claim against
the Borgota and can tell you whether an incident like yours is a common
occurrence there.

Most accident attorneys specializing in premises liability claims handle the
claims on a contingent basis,i.e. their attorneys fee is a percentage of any
money they recover for you, and offer a free, no-obligation consultation to
discuss whether you have a viable case.  So, you have nothing to lose by
meeting with an accident lawyer to discuss the claim.  If it has been 10
days and your knee is still swollen, you are probably going to find an
accident attorney interested in pursuing your claim.

For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com, or email him today.

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Americans Continue To Get Short-Changed On Overtime – Florida Overtime Wage Information

September 25, 2009

The Fair Labor Standards Act requires most employers to pay their employees one and one half times their regular rate of pay for any hours worked in excess of forty (40) hours per work week.  This law applies to employees who are being paid on a hourly basis, being paid a salary, and even those paid by tips, such as waitresses and bartenders.  Although this law seems simple and common sense, thousands of workers each day are not being paid their overtime pay by their employer.

 A recent study found that the failure to pay overtime wages continues to occur at an alarming rate and affects many different types of wage earners.   In a report entitled “Broken laws, unprotected workers”, a joint report by the University of Illinois Center for Urban Economic Development, the UCLA Institute for Research on Labor and Employment, and The National Employment Law Project, it was determined that non-payment of overtime wages as required by the Fair Labor Standards Act, continues to be a huge problem for America’s workers. 

      Concluded in 2008, the study reviewed more than 4,000 workers in Chicago, Los Angeles and New York City.  The study found that the most common overtime violations were: 

  • More than 25% of the workers involved in the study worked more than 40 hours per week but were not paid one and one half times their regular rate of pay.  The average worker had put in 11 hours of overtime that were either not paid for at all, or not paid at the correct overtime rate.
  • Off the clock violations – Close to 25% of the workers came in early, or stayed late after their shift ended.  Close to 70% of these people did not receive any pay at all for the work they performed once their regular shift ended.
  • Meal break violations – Employers are required to provide a meal break.  Most of the people studied (86%) worked enough hours to be entitled to a meal break, yet were not allowed one.  Close to 70% received no meal break at all, or had their break shortened by interruptions from their employer or required to work during their lunch break.
  • Tipped job violations – The Fair Labor Standards Act requires tipped employees to be paid their overtime pay for hours worked in excess of 40 hours per work week.  Of the workers involved in the study, 30% were not paid the tipped minimum wage, in addition to their overtime wages.

The study is somewhat alarming in that it involved so many workers nationwide, yet the overtime wage violations were so frequent.  These same types of violations occur in Florida with workers not being paid their Florida overtime wage

If you have a question or need a free consultation to determine whether you are being paid the correct amount on your Florida overtime wage, contact Florida overtime attorney Joseph M. Maus at 1-866-556-5529 or email him today. Attorney Joseph M. Maus is an overtime wage claim lawyer specializing in Florida overtime wage claims.  Mr. Maus served has served as Class Counsel on some of the largest Florida overtime wage claims in recent history. 

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