Practice Areas

• Improper treatment of bonus and shift pay

• Cash off the books

• Misuse of “Comp” time

• Employee misclassification

• Calculating incorrect rates of pay

• Failing to properly pay for medical attention

• Failing to properly pay for overnight travel

• Shortchanging hours

• Unpaid overtime

• Allowing off-the-clock work

Although the FLSA provides some exemptions from overtime pay for certain types of employees (e.g. professional, executive, administrative, computer and high-tech), the criteria for determining whether a particular employee is exempt are numerous and complex, and often become the subject of intense litigation. Written job descriptions and other documentation are important, but the employee’s actual job duties carried out on a daily basis carry the most weight. It is also important to understand that it is the employer’s responsibility to make sure that employees only work when authorized. Even if overtime has not been approved, an employee who continues to work on his or her own initiative may be entitled to overtime if not stopped by the employer.

Penalties and interest for failing to correctly pay wages or overtime can far exceed the employee’s original compensation. In addition, auditors can go back several years when looking for wage violations, and it is not uncommon for a misclassification or other error to affect a large class of workers. It is easy to see how the assessment of wage and hour penalties, even regarding only a handful of employees, can be devastating to a company’s financial resources.

There are a number of issues that can lead to a catastrophic truck collision:

• Truck driver negligence.  This includes fatigue, drug or alcohol abuse, speeding, reckless driving and other careless behavior.
• Inadequate hiring practices.  To make sure that it is hiring reliable and safe drivers, a company is responsible for conducting adequate background checks and installing hiring practices that identify potential problems with employers.
• Failure to properly train drivers.  A trucking company must also provide appropriate training to its drivers to make sure they have the necessary skills to handle all aspects of their job.  This includes training for driving in all weather conditions and capably handling unpredictable situations such as road hazards and other emergency situations.
• Unbalanced/overloaded cargo.  Properly loading a truck’s haul is an extremely important aspect of ensuring safety.  Cargo that is loaded improperly may spill over onto the road or cause the truck to jack-knife.
• Improper or inadequate truck and trailer maintenance.  Comprehensive and timely maintenance is critical to ensuring safe operation of a truck. An engine malfunction at high speeds can quickly lead to catastrophe.
• Defective truck equipment and tires.  The manufacturers of truck tires and equipment are responsible for providing safe products that perform as expected.  If they have not done so, they are at least partially responsible for what occurs as a result.

The following is a list of results from truck accident cases handled by lawyers in our firm:

• Confidential: A multi-truck collision occurred after one truck pulled onto the highway at a slow rate of speed in the fog while a second driver talked on his cell phone. A catastrophic collision occurred resulting in one death and permanent debilitating injuries to the passenger car driver.
• Confidential:  This truck collision occurred on Thanksgiving Day morning and took the life of a husband and wife who were the parents of two fine young men.  The trucker was driving too fast for the conditions, lost control, and veered into our clients’ lane.  A catastrophic collision occurred.
• $1,700,000.00: A drunk driver killed a husband and a father of three minor children. A lawyer with Young Firm PC helped secure the family’s financial future. The district attorney prosecuted the driver who pled guilty to criminally negligent homicide and was sentenced to prison. $566,817 in fees and expenses; $1.15 million to clients.
• $1,800,000.00: A truck driver changed lanes into our client and ran her into the opposite lane of traffic resulting in a head-on collision. The client died leaving a husband and three minor children. $420,983 in fees and expenses; $1.399 million to clients.
• Confidential: A trainee driver with his supervisor asleep in the sleeper ran into the back of a grain truck killing a husband and a father of two children.
• $1,000,000.00: This was a rear-end truck collision that caused the death of a retired cattleman leaving a widow and no children. $399,516 in attorney’s fees and expenses; $608,000 to the client.
• $1,100,000.00: This was an intersectional collision on difficult liability facts. The client sustained a traumatic brain injury. The case settled during the second day of trial. $384,350 in fees and expenses; $715,650 to client.

• Stop. Stop and turn on your flashers. Do not leave the scene until it is appropriate to do so. In some instances, you can face serious penalties for leaving the scene of a collision.
• Assess Injuries. Figure out whether anyone is injured. If people have been injured, they need immediate medical attention, so you should dial 911 as soon as possible. You should not move them unless you are a trained first responder or you feel the person is in imminent danger if you do not move them.
• Move to Safety. It is important that everyone move to safety. Again, do not move anyone who is injured unless trained to do so.
• Contact Authorities. Once people have been moved to safety, you should contact authorities. When they arrive, you should give them a complete, factual statement of the collision.
• Exchange Information. Get the contact information from every driver involved in the collision. Get insurance information and driver’s license information as well. If there are any witnesses, get their contact information too.
• Protect and Document the Scene. Take pictures of all cars and trucks involved in the collision, and the scene itself. Take pictures of the damage to all vehicles, guardrails, embankments, and other fixed objects that may have been hit. Also, take pictures of any skid marks.
• Report the Collision, but Don’t Talk to Other Driver’s Representatives or Insurance Company. Notify your insurance company as soon as possible. After you have given an official statement, you do not have to continue sharing information with others including the other driver, his/her representatives, or his/her insurance company.
• Get Medical Attention. Even if you think you are not injured, you should make an appointment anyway. A wreck can subject your body to tremendous forces that can cause many types of injuries some of which are obvious while others may take time to make their presence known.
• Get a Property Damage Valuation. Obtain your insurance company’s damage valuation. If you are not satisfied with how your insurance company has valued your vehicle, do not give up. Get two additional independent repair estimates or replacement quotes. Then, inform the adjuster of your concern. If you cannot agree on the car’s value or repair costs, consider hiring an attorney.
• Protect Your Rights. You should consult an attorney who can protect your rights and evaluate your legal claims and defenses. If you have questions about your rights, you are welcome to contact us for a free consultation at (877) 895-2937 or visit our website at www.youngfirm.com.