We interact with them on an almost daily basis. They can make or break our dining out experience. Often times, they will recognize you as a regular customer and know what you want before taking your order. At the end of your meal, you leave a "tip" for great service. Have you ever wondered what happens to these tips, or realized that your tip may be your waitress's primary form of compensation for a job well done? More often than not, the waiters and waitresses in our favorite restaurants must rely on the tips left by their customers because their paid wage may be as low as $2.13 per hour. Under the Federal Fair Labor Standards Act ["FLSA"}, 29 U.S.C. 201, et seq. , an employer may take a "tip credit" and pay its waiters and waitresses a mere $2.13 per hour in direct wages, unless applicable state law requires a higher amount. As exemplified by a recent Department of Labor investigation and action against Philadelphia sports bar and restaurant chain Chickie's & Pete's, restaurants often abuse the FLSA's "tipped employee" provisions and ignore other statutory provisions which require additional wages be paid to tipped employees.
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The massive, deadly gas explosion in New York City continues a trend that becomes more disturbing every day. Aging infrastructure and a persistent failure of gas utilities to inspect, evalutate and maintain their lines are causing lethal explosions across the country. Grieving residents of East Harlem are now just another community left devastated by neglect of the critical safety rules that would allow gas to be a safe, cheap and efficient rule, if companies could only be influenced to follow them.
The sun will come out tomorrow. Remember Annie ? I watched the motion picture countless times as a child. Whether or not you like the show, the reality is still true. Whatever your circumstances are today, they are most likely to change tomorrow. Things in my life the past year have not turned out exactly the way I would have chosen them to have turned out. For various reasons, the past twelve months have been some of the most challenging yet transformative months of my life. There have been times when I have been extraordinarily happy. I have also experienced times when I wasn't so happy and it was difficult to understand why the situation was turning out the way it was. Despite these difficulties, I have changed into a different person than I would have been if I had not been allowed to live through some of these circumstances. I'm sure you can attest to the same things.
The massive, deadly gas explosion in New York City continues a trend that becomes more disturbing every day. Aging infrastructure and a persistent failure of gas utilities to inspect, evalutate and maintain their lines are causing lethal explosions across the country. Grieving residents of East Harlem are now just another community left devastated by neglect of the critical safety rules that would allow gas to be a safe, cheap and efficient rule, if companies could only be influenced to follow them
On February 1st of this year, Kyle Kirkpatrick, Terry Lee Richard and Michael Dale Garrett died when a cell tower collapsed in Harrison County, WV. Mr. Kirkpatrick and Mr. Richard, aged 32 and 27, respectively, were working on a communications tower in order to add additional tenant equipment to it when it suddenly collapsed. The two workers died at the scene. Mr. Garrett, a volunteer fireman who was responding to the scene of the accident, was killed by debris when a second tower collapsed after having been weakened by the destruction of the first tower. He was only 28 years old. All three of these men were struck down in the prime of their lives. None of them deserved to die. Accidents like the one that took their lives are becoming part of the way that communications companies do business, and those business practices should make you look twice at the real cost of your monthly cell phone bill.
As most of you who are reading this know, I have been at Bordas & Bordas for almost 27 years. I wrote about a lot of the technological changes that have occurred since 1987 and I have to say, I am proud of myself, the dinosaur, for keeping up! However, I have a few stories that actually have nothing to do with law, but are funny, some more in retrospect than they were at the time. One day, when I had been here about a year, I came to work and Jim Bordas met me at the door. He told me I had to go downtown and bail our maintenance man out of jail. I had never even been in a police station, let alone bail someone out of jail. I was running around frantically trying to find out where I needed to go and how much money I needed and what he had been charged with, etc., etc. Jim was no help - he didn't know how to go about it, but just that I needed to go do it. As I was walking out the door, mumbling to myself, Jim said "APRIL FOOL!" After my heart settled down to a regular rhythm, we both got a good laugh out of it.
Read the Report here: http://www.ntsb.gov/doclib/reports/2014/PAR1401.pdf
Have you noticed that this week was full of important news? Do you want to hear some clear and interesting discussion of the headlines? Make sure you catch this week's episode of the Bordas & Bordas Legal Review to see Jamie Bordas and Chris Regan discuss Michael Sam's NFL draft, recent judicial ruling about gay marriage, the US Supreme Court's decisions on President Obama's ability to make recess appointments, political turmoil in the Ukraine and the West Virginia False Claims Bill! This episode is jam-packed with important information for you, and shouldn't be missed!
This is a rather silly pet peeve but when I drive to work every morning, I pass one of those barns that are there to collect "goods" for the Goodwill store. Invariably, there are pieces of upholstered furniture there or mattresses or some other things that are beyond use. It's my belief that people have left these items there because they don't want to have to pay to take them to the landfill or don't want to pay the extra amount their refuse collector would charge to haul these unusable things away. I have also driven by this station when people have dropped off upholstered items and it is either pouring down rain or snowing. Sometimes there are also appliances sitting outside the station when it is pouring down rain! According to the Goodwill website "Goodwill was founded in 1902 in Boston by Rev. Edgar J. Helms, a Methodist minister and early social innovator. Rev. Helms collected used household goods and clothing in wealthier areas of the city, then trained and hired those who were poor to mend and repair the used goods. The goods were then resold or were given to the people who repaired them. The system worked, and the Goodwill philosophy of 'a hand up, not a hand out' was born."
Bordas & Bordas partner Chris Regan was recently published in the West Virginia Record's "Their View" column refuting an editorial published by The Record. Read on for his views about why all citizens-weak and strong alike-should enjoy the same protection of the law. Using a clearly legitimate claim as a pretext to bash basic liability rules is not the best tribute February 16th, 2014 By Using a spouse's death as a pretext for a lawsuit is not the best tribute " gives us another opportunity to have a frank exchange of ideas. By way of background, a Target employee pushing a string of shopping carts knocked over an elderly man walking in the lobby of the store, causing him to fall, break his hip and die as a result. The Record says "[we] believe that Target should not be blamed for a death that probably would not have occurred if Zink had been young and healthy."