Unpaid Wages, part 2

Unpaid Wages, part 2

In Part 1, I warned that financial inability to pay an employee’s wages is insufficient to avoid a finding of willfulness and double damages.  But what is sufficient?  Washington courts have, so far, acknowledged only two instances when an employer’s wage withholding was not willful, resulting in only single damages:

When the employer was careless or erred in failing to pay, or
When a bona fide dispute existed between the employer and employee regarding the payment of wages.

Morgan v. Kingen, 166 Wash.2d 526, 534 (2009).  The typical case of carelessness or error is an inadvertent bookkeeping mistake.  In the case of a bona fide dispute, there must be a fairly debatable dispute over whether an employment relationship exists, or whether all or a portion of the wages must be paid.  Schilling v. Radio Holdings, Inc., 136 Wash. 2d 152, 161 (1998).  These exceptions are of no use to the employer who did not pay wages simply because there were insufficient funds to do so.

There is another route for avoiding double damages.  Double damages are not available to any employee who «knowingly submits» to the wage withholding.  RCW 49.52.070.  But, again, this is a narrow exception.  «A person knowingly submits to withholding of wages when he or she intentionally defers to his or her employer the decision as to whether, if ever, he or she will be paid.»  Durand v. HIMC Corp., 151 Wn. App. 818, 836-37 (2009) (citing Chelius v. Questar Microsystems, Inc., 107 Wn. App. 678 (2001)).  In Durand, the court noted that staying on the job after the employer fails to pay does not constitute knowing submission.  The court also emphasized that the employee only agreed to temporary non-payment and always expected to be paid the full amount he had earned when the employer was financially able.  In other words, if an employer fails to pay its employees on time, but convinces them to continue working by making assurances that they will be paid in full later, the employees are not knowingly submitting to the withholding and the employer may still be liable for double damages.

My esteemed colleague offers her two cents on wage withholding here.  For advice on your specific wage withholding issues, consult a Washington Employment Lawyer.

Last updated: September 2, 2010

Disclaimer

This article and information contained herein are intended for information purposes only; they are not intended as legal advice and should not be used as such. Any use of material contained herein is at your own risk. Your use of and access to this article do not create any attorney-client relationship between you and Rebecca E. Ary. You should consult an attorney in your state or jurisdiction who can provide advice appropriate to your particular situation. Rebecca E. Ary is licensed to practice only in Washington. The Law Office of Rebecca E. Ary may be reached at 1037 NE 65th St. #161, Seattle, WA 98115.

For Rebecca E. Ary, employment law is a high-stakes, highly personal area of law that holds the power to turn the fortunes of both individuals and businesses. The sense of betrayal, anger, powerlessness and loss of trust associated with failed employee/employer relationships can overwhelm even the most level-headed and seasoned professionals. Which is why hiring a skilled professional like Ms. Ary is so critically important. With a deep desire to help her clients and in-depth knowledge of employment law, Ms. Ary practices her craft with exceptional skill and attention to detail.  She takes a balanced, analytical, strategic approach that allows the strength and fairness of the law to prevail.  Ms. Ary’s talent for listening and her ability to develop a persuasive and creative strategy positions her clients for more positive outcomes. A skilled negotiator and litigator, Ms. Ary is well-respected by her peers and known throughout the legal community as a powerful advocate for her clients.

Ms. Ary received her Juris Doctorate degree from University of Washington School of Law and her Bachelor of Arts in Philosophy from University of California, San Diego.  She was recently included in Super Lawyers 2010 – Rising Stars Edition, a national professional lawyer’s listing that recognizes a small percentage of all Washington state lawyers and identifies outstanding individuals who have attained a high degree of peer recognition and professional achievement in their field. Ms. Ary is a member of the Washington State Bar Association, the King County Bar Association, the Washington Employment Lawyers Association and American Mensa.

In her free time, Rebecca has served as a volunteer for NAMI (The National Alliance on Mental Illness), and Literacy Source, an organization dedicated to helping adults learn to read.  She is an avid reader who also enjoys hiking, and spending quality time with Elaine, her cat.

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Operation Stack part 2

Operation Stack part 2

When the details of Operation Stack were being confirmed only a few years ago, proposal statistics stated that the M20 motorway was a national and trans-national route of importance for the national economy.  There is a direct, and physical impact on the county of Kent coming from the Dover Ports as well as Folkestone and that 65% of lorries and ford transits driving in and out of the UK have resting areas within the surrounding Kent ports- due to safety and driver requirements.

Operation Stack is of huge, vital importance to the County of Kent no matter how inconvenient the procedures may be. Since 2004, Operation Stack has been implemented over 32 times and this year is no different with Winter weather conditions disrupting imports, exports on both land, sea and air.

There are many phases to Operation Stack which include closing differing motorways so that the lorries and Ford transits can in actual fact be ‘lined up’, ready and waiting to proceed with the journey as and when the go-ahead is given. Sometimes the wait can be for several days further disruptions for other road users.

The lorries including Ford transit vans are left parked and waiting within coastal carriageways causing controversy as the motorway is closed completely to the public.

There are 3 phases that (depending on how severe the situation is) unfold starting with the road closing between junctions 11 (Hythe) and 12 (Cheriton) with the A20 providing the only other route. Phase 2 sees the closure of the M20, between Maidstone and Ashford (from Junction 8-9), again with the only other alternative route being the A20. Lastly Phase 3 closes the M20 London bound route from Ashford to Maidstone- junctions 9 and 8.

Weather warnings have been issued advising that people stay in their homes and only drive theirford transit to London if and when necessary. Otherwise, motorways are to be avoided and people are to find alternative methods of transport.

Sara Wright is working in online marketing and currently researching http://www.smc-cars.com/Ford/NewCars»>new ford

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Temples of India — Part 6

Temples of India — Part 6
This article is part six in the series of articles on temples of India. Read about two more interesting and important Indian temples.

Lotus temple — The Lotus temple is the place of worship of the Baha’i community. It is a wonderful temple in the city of New Delhi. It is called the Lotus temple because it is built in the shape of lotus flower. It is the 7th largest house of worship of the Baha’i in the world.

Akshardham Temple — Akshardham Temple in New Delhi is one of the most popular and recently built temples in India. The temple was constructed by Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) inspired by shree Pramukh Swami Maharaj — the spiritual leader of BAPS. The temple is dedicated to the lord Swaminarayana or lord Krishna. It is is located on the banks of Yamuna river. It is spread over 100 acres of area. The structure is built without steel and is supported by around 234 carved pillars, 9 ornate domes, 20 Shikhers, and 20,000 statues of great devotees, acharyas and sadhus of India. The base of the temple is made of Gajendra Pith (name of the stone). Pink stones and white marbles were used to construct the temple. Pink stones symbolised Bhakti (devotion) and white marbles symbolized peace. The statue of lord Swaminarayana is made up of Panch Dhatu (five metals) and is 11 ft high. There are many other statues of gods and saints. The temple was inaugurated on November 2005 by shree Pramukhswami maharaj in the presence of the President of India Dr. APJ Abdul Kalam, Prime Minister Manmohan Singh and Mr. Lal Krishna Advani. The temple is recorded as the world’s most comprehensive and largest Hindu temple in Guinness world records. There are many other attractions like Hall of value which displays the life of Swaminarayana and a theater named as Nilkanth Yatra which has Delhi’s biggest screen. Musical fountains, gardens, boat rides, etc. are also available. A similar temple also exists in Gandhinagar near Ahmedabad in the state of Gujarat.

This concludes our article series on the Indian temples.

The author is a prolific article writer on a variety of topics. He writes quizzes on personality, astrology and love. He also works on twitter backgrounds and photo effects aimed at the general public.

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IPM Model — Part 2

IPM Model — Part 2

In the first article, I brought up the fact that our current version of IPM, does not contain a prevention provision, as it is commonly defined. I also stated that we need to develop a new model for IPM, and suggested the use of the mosquito as a basis for working out the details of this model. The simpler the better, I say. Logical extensions of our concepts can be made for other types of pest problems and some will be noted as we go along.

We need a frame work for what we will consider, so let’s start with an ancient concept, let’s start with the 4 elements: Earth, Wind, Fire and Water. I am not looking at this in some mystical way. We will look at them as:

1. Soil.

2. Water.

3. Temperature/Light

4. Air.

How and where each of these elements are incorporated will determine your place on the IPM map.

Stage 1:

If you build a new home in a wet area (Water), with no provision for drainage (Soil), with very little wind (Air), and very little sunshine (Temperature/Light), then you are building in an area ripe for a mosquito invasion. You have options. You can choose a new place to build. You can make adjustments to your current location, by changing a few things.

1. Since the water is a constant, the soil would be the next place to start. You can provide for surface drainage by sloping the area, or you can improve sub surface drainage, or both.

2. If the lack of sunlight is a result of buildings around you, or you live in Seattle, there will not be much you can do about the sunlight, but if your limited solar penetration is a result of a grove of trees that you own, you might be able to allow some light in by selective thinning of the canopy (pruning) or thinning the grove by removing some, particularly on the Southern side.

3. Air circulation will be a problem for the same reason as light penetration, and has pretty much the same options.

If you have an existing home in an area like the one described, you have the same options.

Now, let’s put this on a smaller more manageable scale. You want to build a new outbuilding to house your garden tools and mowing equipment. You should ask yourself 2 questions for each of the four elements. How will this be affected by each element? How will this effect each element?

Water:

1. Will the irrigation water cause problems with my structure?

2. Will this structure cause a problem with drainage and irrigation? If you are building a wooden building, or an open building, will the irrigation cause problems with the wood, or spray directly on the equipment if it is an open shed?

Will this block irrigation, blocking out water to part of my lawn? Will it cause water to build up somewhere else in the yard causing a potential mosquito problem?

Light:

1. Will the direct sunlight make the building uninhabitable during the day while you are sharpening your mower blades?

2. Will the reflective heat from the building cause nearby shrubs to roast, or weaken them, making them insect and disease susceptible? Will the shade the building provides, «shade out» some of your prized plants or lawn?

Air:

1. Will this new structure block the natural air flow through the area, causing potential evaporation problems,and leading to fungus and insect problems?

2. Does the airflow cause a potential problem with the structure? Will the building be able to get adequate breeze?

Then we ask, how we can re-engineer the project to avoid potential problems.

Using the same two question process for all of the elements, should lead to a nearly problem free project. This will not guarantee a pest free existence, but it will lessen the probability of a serious infestation. We are not trying to have an insect free world, that would be an ecological disaster, only trying to keep them at a distance. We will take this a few steps further in the next installment.

James Burns is a licensed pest control professional, has been a Certified Professional Turfgrass Manager for more than 16 years, has a lifetime of experience in horticulture and agriculture, and is the owner of Rational Environmental Solutions, an IPM based pest control company in East Texas.

He also has many helpful gardening tips at http://www.texpest.com.

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Dubstep Music Mastering — Part 6

Dubstep Music Mastering — Part 6

In this final part of our mini guide I am going to give you a real world set up you can use on your dubstep track. Applying these processes will give you a much louder master, ready to send out to labels and distributors.

Real world master process:

Start with an EQ, remove the subsonic frequencies using a linear phase EQ, low cut at around 25hz (even in dubstep music as harmonics this low do not add any thing to the track). Use the EQ to add some broad sweeting to the tracks top and bottom ends, a boost at around 70-80hz, wide Q, 1 to 3db boost. Then a 2/3db boost at the top from about 8khz- 20khz depending on the track.

Remove any muddiness from around 200-400hz using a precise cut of about 1 to 4db remove any problem frequencies using surgical cuts with very narrow Q settings. The best fault-rectifying mastering EQs are linear phase EQs because they have a very transparent sound, and do not add any coloring to the mix. This works well for dubstep as it keep the mix sounding ‘true’.

Then move on to the compressor, a low ratio of around 2:1 works well for dubstep with 3db of gain reduction, using an auto release setting. This will help bring the dynamics of the track in line. It’s generally not a good idea to EQ after compression because aggressive EQ setting will cause peaks above the 0db threshold and you want to ensure that the compressor is working in full. You can try using a multi band compressor before the limiter to control the compression of different timbre sections.

The last process will be the limiter, or maximizer. Try moving the fader down until the peaks of the track are being dealt with to about 3db of reduction, but with out causing to much distortion. Even if you like your dubstep distorted, its not needed or wanted at this stage.

To get even more volume out of your track you may consider the oxford inflater or the UAD precision maximizer, these are ‘psychoacoustic’ processors and will maximize perceived loudness with out resorting to sometimes problematic limiting and ultramaxamizing. Dubstep producers have been using this processor to great effect.

Meet load of dubstep music producers. Talk about dubstep and get dubstep help at our dubstep forum

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A Dream Come True — Part 2 of 2

A Dream Come True — Part 2 of 2

Reagan National Airport, while walking along, I realized that it only takes a dream to bring to reality such energy that will in return, energize the world.

Manipulations, set ups, diversions, faked situations, virtual imaging, and computer simulations refer all to that same calling: our leaders need to be spiritual, not necessarily religious! The same way a physical is mandatory for those running for office, mental as well is a MUST.

It takes a loving heart to pray for love and see the World happy.
It takes instead an evil thought to turn the world into mess even if we won’t acknowledge the results of our own ugly intentions.

One commonalty in this Obama Presidential Inauguration was that, no matter what confessional differences one may have, the man in charge is in touch with most of us.

Unfortunately because of evils work confusion is prevalent in the air and gained people’s mind through politics of fear. Because of evils work we are all back to plantation era, living paycheck after paycheck; money gets funny and elders have to go back to work to pay mortgage, in an endless cycle of ups and downs to death.

Once acquired to that cause, public and private expenditures along with government sponsored programs engage in an alliance designed to maintain and amplify the pressure and sense of urgency in building up against a virtual enemy and fictitious weapons of mass destruction enough zoomed out to pose national security threat which happens to be ground to strike. From wrong only wrong comes out, so far it may not be true if you are devil’s advocate!

Today on behalf of all that discomfort that led us to an unprecedented economic downturn, we have the opportunity to choose hope over fear.In other words, today if America is to renew hope and commitment to National Service then it has to start redirecting that fear mongering set up to a love machine, reconnecting people with the ideals of our founding fathers. Today again, the legacy of that past which made this Nation of immigrants a Great place to live is worth our hopes and dreams.

With Obama, the tone and priorities was there from the campaign trail, and to me that’s what makes sense most: getting people back to an uplifting promise of renewal.

In these days of economic hardship anyways, it is going to cost us more in Security, Scrutiny, and dumb (prefabricated) Intelligence, than investing in healing our emotions, sound foreign policies options worldwide. The world needs to understand where America stands in this centennial juncture. And due to historic roles till in a recent past, this is not the time to fail again!

Reagan National Airport… While hearing through the airport audio announcement system of the Nation’s Capital, Martin Luther King’s speech played: «I Have a dream» a shift of the moment, a glitch or a mistaken playlist?
May be a generational shift right before my ears…At no airport before I have ever heard other than security tips or smooth jazz playing throughout airport audio announcement systems!

M. Demba Ndiaye
danethen@yahoo.com
Demba Ndiaye — An average African citizen Highly motivated in sustainable development, Environmental Management, Cultural Competency, Freelance IT Professional. Open to networking beyond frontiers provided that it serves the Human Cause. For together we can make that New World Order.

Motorbike Accident Claims Part 2 of 2

Motorbike Accident Claims Part 2 of 2

Part 2 of 2 — Claiming Compensation

How Do I Make A Claim For Compensation
You will need to find a solicitor with expertise in motorcycle accident claims that can obtain all evidence to support your claim and obtain the details of your injuries and losses and expenses. They will obtain all of this information and then send a letter to the insurers of the other driver, advising them of your claim for compensation.

How Long Will A Claim Take?
The length of the claim will vary depending on the circumstances of the accident and the extent of the injuries. However, most claims are settled within a matter of months.

How Is The Amount Of Compensation For A Motorbike Accident Claim Decided?
If you are able to make a successful claim for compensation as a result of an accident, how will the Court assess exactly how much your claim is worth? When looking to assess the value of a claim, there are two distinct parts to it and your solicitor will help you to assess exactly how much your claim for compensation is worth.

The two aspects of your claim are called general damages (which compensate you for your pain and suffering) and special damages (which compensate you for your losses and expenses).

General Damages
General damages is the term used to compensate you for the injuries sustained. It has always been difficult to assess the exact value of a claim for pain and suffering, but the Court in deciding how much a claim is worth will try and use compensation to put you in the position as if the accident had not happened. If you make a full recovery, this might be easy to do, but of course if you have ongoing pain and suffering, it is much harder to decide how much your claim is worth.

In deciding the amount of your claim for general damages, your solicitor will obtain medical evidence from an Orthopaedic Surgeon or General Practitioner which details the full extent of your injuries, how they have impacted on your day to day living and the amount of pain experienced by you and the duration of that pain. They will advise of any further treatment that you require and provide a prognosis explaining when they expect you to make a full recovery from your injuries (if that is the case).

The solicitor will review this evidence, and along with witness evidence from yourself and any friends or family that have seen the impact on you, will compare your injuries to those of previously decided cases by the Court. This will allow them to reach a figure for compensation that you are likely to receive. Because it is impossible to give an exact figure, your solicitor will normally give you a range in which you might expect to receive compensation (e.g. £4,000 to £6,000) and will do their best to ensure you obtain a fair offer in settlement of your claim.

Special Damages
The other part of your claim is easier to quantify as it is your claim for losses and expenses. This can include a claim for any lost earnings as a result of you being unable to work, damage to your motorbike, damage to any equipment, medication and the cost of any treatment. You are unable to claim compensation for any losses incurred as a direct result of the accident.

Your solicitor will obtain copies of any pay slips to prove your lost earnings and will obtain copies of receipts or for any other losses and invoices for treatment received. He will compile what is called a schedule of special damages detailing the full extent of the amount of compensation you are claiming and will submit this to the other side’s insurance company. Once again, they will then make offers in settlement of your claim.

Whilst it is not straight forward to exactly assess the extent of an injury, you can see from the details above that your solicitor will be able to give you a good indication of the amount of compensation you are likely to receive for your claim.

Read more about Accident Claims Scotland

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