Winegar, Wilhelm, Glynn & Roemersma, P.C.
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  • 908-475-2500Belvidere, NJ

September 2013 Archives

Non-Attorney For Unemployment?

Historically speaking, Pennsylvania employers were allowed to represent themselves in any unemployment compensation proceedings that involved a dispute between the company and a former employee. In 2005, however, the Commonwealth Court issued a decision in the case of Harkness v. Unemployment Compensation Board of Review that required any corporation, LLC or government agency to be represented by an attorney both at hearings before unemployment compensation referees and at proceedings before the Unemployment Compensation Board of Review. This ruling was a departure from the usual practice in Pennsylvania and imposed a hefty burden upon these types of employers.

Denied Overtime? What Should I Do?

The federal laws that regulate overtime pay are found in the Fair Labor Standards Act (FLSA) which states that unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The Act is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). Each state may also have laws that govern overtime pay for eligible employees.

Reasonable For Disabled Employee To Work At Home

Under the law, employers are required to provide a reasonable accommodation to an employee when that employee suffers from a disability. Courts have held that a reasonable accommodation can include job restructuring or modified work schedules. However, every employer is protected against accommodations that would impose an undue hardship on the operation of its business.

SHOPLIFTING IN NJ CAN LEAD TO JAIL TIME

In New Jersey, a person charged with shoplifting, graded as a disorderly persons offense, is alleged to have taken an item or items with a retail value of less than $200.00. Many people mistakenly think that a conviction for this type of offense will not result in a harsh sentence. However, upon conviction for a third or subsequent shoplifting offense, the Court is required to impose a minimum term of imprisonment of not less than ninety (90) days. Therefore, if you are charged with shoplifting, it's important to discuss your case with a lawyer before deciding how you are going to proceed.

USE PIP BENEFITS AFTER MOTOR VEHICLE ACCIDENTS IMMEDIATELY

If you ever have the misfortune of being involved in a motor vehicle accident, be sure to utilize the personal injury protection (PIP) benefits of your automobile insurance policy. Whether or not the accident was your fault, contact your own auto insurance company and apply for the PIP benefits. Once approved, you will be given a claim number to use at any doctors you use in the future until your PIP benefits are exhausted. Any medical bills that are related to the accident which were billed to you prior to receiving the PIP claim number can be supplied to your auto insurer and those bills will also be paid.

Statutes of Limitation in New Jersey and Pennsylvania

104284871-xs.jpgAt the law firm of Winegar Wilhelm Glynn & Roemersma, our personal injury attorneys all too often have the unfortunate duty to advise people who contact us to have their cases evaluated that they have failed to take action within the time limits established by their state's statutes of limitations. Statutes of limitations in personal injury and other civil cases exist to promote timely litigation of cases and to protect people from unending threats of legal action. For the most part, statutes of limitations are good things; however, in some cases, injured victims and their families are penalized simply because they didn't know these statutes existed.

PIP BENEFITS

If you ever have the misfortune of being involved in a motor vehicle accident, be sure to utilize the personal injury protection (PIP) benefits of your automobile insurance policy. Whether or not the accident was your fault, contact your own auto insurance company and apply for the PIP benefits. Once approved, you will be given a claim number to use at any doctors you use in the future until your PIP benefits are exhausted. Any medical bills that are related to the accident which were billed to you prior to receiving the PIP claim number can be supplied to your auto insurer and those bills will also be paid.

NJ DUI COMING TO END?

The Alcotest, New Jersey's official drunk driving testing unit, will be phased out by approximately 2016. According to the New Jersey Attorney General's Office, this decision was made because the maker of the Alcotest, Draeger Safety, will not make necessary updated software changes or provide support for the machines at the end of 2016. In 2008, the New Jersey Supreme Court in State v. Chun, 194 N.J. 54 (2008), found the Alcotest to be scientifically reliable. In making this decision, the Court required certain database and software revisions be made. The New Jersey Attorney General has now asked the Court to relax some of the Chun requirements until a replacement technology is put into place.

CYBER SECURITY IN US

Over the past few months there has been growing concern over the increased frequency of internet hacking that has affected large U.S. companies and jeopardized the privacy of consumers. President Barack Obama plans to meet with CEO's and corporate leaders to discuss improving cyber security. The President has already signed an executive order directing the federal government to address this problem, including a review our cyber infrastructure. It is hoped that the executive order will, among other things, facilitate, the creation of a system where the government can more easily warn the private sector of any potential cyber threats.

SHOULD I BE PAID TRAVEL TIME TO AND FROM WORK?

Generally speaking, Pennsylvania law requires that every employee be paid his full wages for all hours worked for the employer. A question that has been raised is whether the hours worked for an employer covers travel or commuting time. Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer's establishment for activities such as clocking in or loading up. On the other hand, if an employee leaves directly from home to the job site or vice versa, the law says that this is not paid time.

NJ PASSES PROTECTION IN DRUG OVERDOSE CASES

New Jersey Governor Chris Christie signed "The Overdose Protection Act" this week which is applicable to those individuals who are experiencing an overdose or are with someone is. This new law prevents prosecution of those reporting the overdose. The intent of the new law is to encourage people to save a life rather than worry about the criminal consequences which may result in reporting the overdose to emergency medical personnel. The law also provides protection to those who provide overdose antidotes in life-threatening situations.

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Phillipsburg Office
305 Roseberry Street
Phillipsburg, NJ 08865

Phone: 908-454-3200
Fax: 908-454-3322
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Bethlehem Office
84 East Broad Street
Bethlehem, PA 18018

Phone: 610-807-0440
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Belvidere Office
110 Mansfield Street
Belvidere, NJ 07823

Phone: 908-475-2500
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