Military Leave under FMLA

The Family Medical Leave Act (FMLA) is a federal law that entitles qualified employees to reasonable unpaid leaves due to certain family and medical reasons. Under FMLA California, leaves can be taken in order to take care of a sick or injured family member, especially those who were active in military duties.

Eligibility

The FMLA covers all public agencies that have more than 50 employees who work for 20 or more workweeks in the current or preceding calendar year. These public agencies include state, local and federal employers, schools, private-sector employers, joint employers, and successors of covered employers. The eligible employee must have worked for at least a year or 1,250 hours in the current covered employer.

Military Leave Entitlements

• Military Caregiver Leave: A qualified employee who is the spouse, child, parent, or next of kin of a covered service member with a serious injury is given non-consecutive 26 weeks of unpaid leave during a single 12-month period. This leave is given to take care of the service member who has incurred a serious injury or illness in the line of duty which left him medically unfit to perform his tasks. The service member should be a current member of the Armed Forces, National Guard, or Reserves who is undergoing medical treatment, recovery, or therapy. He should be in outpatient status or on the temporary disability retired list. The single 12-month period will begin on the day the employee takes a leave for this reason and will end after 12 months regardless of the 12-month period established for other FMLA leaves. The remaining leaves may be used for other FMLA-qualifying reason, other than for the care of a service member.

• Qualifying Exigency Leave: Twelve weeks of unpaid leave during a normal 12-month period is given to eligible employees for qualifying exigencies, or if the employee’s spouse, child, or parent is out on duty, or has been ordered or called for duty to support a contingency operation. This is available to an employee who is a family of someone who is a member of the National Guard or Reserves. Family members of the Regular Armed Forces are not entitled for this leave.

In case of spouses who are employed by the same employer, the leaves will total to 26 workweeks in a “single 12-month period.” Valid reasons include care for the injured service member, birth and care of a newborn child, placement of a child for adoption or foster care, and care for a parent with serious illness. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Vehicle Safety and Defects: Are Segways Dangerous?

Segway Inc. has been struggling lately to expand their brand after first hitting the market in 2003.

However, aside from its steep price, there are also some questions about the safety of the personal transporter.

These safety questions became more glaring after the owner of Segway Inc., 62-year-old James Heselden,   was killed in a Segway accident in late September.

According to reports, Heselden was killed when he fell off a 30-foot cliff while riding his segway.

So the question remains, are Segways safe?

Well, the first key to understanding the Segway is to understand how it works.

Segways run through a design system that combines stabilization technology and propulsion mechanisms with an intelligent network of control systems..This allows the personal transporter to expertly adjust to the terrain while keeping the rider balanced in the platform.

However, as with any new and complicated technologies, a few major glitches have been discovered that could harm its riders.

Some of the safety concerns related to the Segway include:

• Software glitches
• Sudden acceleration
• Unintentional sudden stop
• Difficulty in controls.

In fact, two product recalls of Segway transporters due to two of the above defects have already been done.

The first one happened in 2003, shortly after the personal transporter was launched in the market. The recall was made due to complaints that the Segway suddenly stops once the transporter runs out of battery. This caused people to suddenly fall off from the personal transporter.

The second recall was made in 2006, where a software glitch caused the personal transporter to move in high speeds after the rider tried to move backwards. Again, this defect caused a lot of Segway fall accidents.

Due to these safety issues, Segway Inc. released some safety tips that can help you avoid these crashes.

This includes:

• Taking the 15-25 minute training given by the retailer to familiarize yourself with the transporter in a controlled environment.
• If you have mobility issues then it is recommended that you do not ride a Segway.
• You have to be 16 and above to ride a Segway; riders below 18 needs to be monitored by a parent or guardian.
• Be aware of the speed limiter
• Discontinue riding once you get a low battery alert
• Avoid aggressive riding

If you have been injured in a Segway accident, consult with an aggressive los angeles personal injury attorney to know your legal options.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Assuring Baby’s Safety in a Drop-Side Crib

Last June, the U.S. Consumer Product Safety Commission (CPSC) announced the voluntary recall by seven manufacturers of around two million cribs due to drop-side hazards and other dangers. The recalling firms provided consumers with free repair kits, which are actually drop-side crib immobilization kits that will prevent the drop-side from detaching. Covered by the recall are the units manufactured between 2000 and 2009 by the following companies:

• Child Craft
• Delta Enterprise Corp. of New York, NY
• Evenflo of Miamisburg, OH
• Jardine Enterprises of Taipei, Taiwan
• LaJobi of Cranbury, NJ
• Million Dollar Baby of Montebello, CA
• Simmons Juvenile Products Inc. of New London, WI

Aside from the immobilization kits, replacement hardware and assembly instructions for cribs will also be added. These materials should be requested by the consumer. However, the immobilization devices are not the solution for cribs with damaged drop-side hardware.

Many cribs, especially those with drop-sides, have been recalled over the past five years. However, it seems that the problem still persists. In October 2010 alone, a lot of cribs by different manufacturing companies have been recalled.

• Victory Land Heritage Collection 3-in-1 cribs, Ethan Allen drop-side cribs, and Angel Line Longwood Forest cribs: The drop side can malfunction, detach or fail. This causes a gap between the side and mattress which can entrap, strangle or suffocate the baby.
• Alexander Designs drop-side cribs, 3-in-1 Crib, Classic Crib, and Sleigh Crib: The company’s cribs sold at JC Penney were recalled because the drop-side hardware break or fail, causing the drop side to detach from the crib. This creates a gap where a baby can be entrapped or wedged.

In order to avoid the inconvenience brought by recalls, there are some ways parents can verify the safety of their chosen crib according to CPSC.

• Determine first if the crib has been recalled before or not.
• Look for the safety certification seal.
• Mattress support is securely attached to both headboard and footboard.
• The corner posts are 1 and 1/6 inch high.
• The drop-side latches cannot easily be released by the baby. It should be held and raised securely on the side.
• The mattress fits just right. The space between the edge of the mattress and the side of the crib is at least two-fingers wide.
• The slats must be placed at least 2 to 3/8 inches apart.
• There are no missing, loose, or cracked slats.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Wrongful Death Legal issues on Physician-Patient Privilege

States generally implement Physician-Patient privilege on wrongful death cases to maintain confidentiality about the patient's medical records. The physician can only disclose it, if he/she has a written consent from the patient. This medical privacy poses some concerns in litigating a wrongful death case, involving medical malpractice. 

When the patient dies, the surviving family member can have a hard time retrieving the medical records from the attending physician. 

However, some states implement exception to the physician-patient privilege rule. These states allow the surviving family members and the decedent's lawyer to obtain the medical records. 

These medical records are crucial in serving as an evidence for a potential medical malpractice wrongful death charge. 

Because of the value of such medical information in proving the negligent act of the physician, some states implement these rules:

1. The medical records can only be disclosed to a doctor or hospital representative. The decedent's lawyer cannot access such files. Legal issues arise on disclosing such medical information when the lawsuit has been filed in court. 
2. In some states, surviving family members and the lawyer can retrieve the medical records when the decedent has given a written consent for such disclosure. The permission must have been given during a personal injury litigation, or before the actual death. 

When the surviving family members (distributees) and the lawyer have a written consent to medical information, such right can be carried on to the wrongful death suit. 

For example: The head of the family suffered serious injuries in a car accident. He/she gave a written permission to the lawyer to retrieve medical records as evidence for the personal injury case. If the head of the family dies, the lawyer can use such permission to retrieve additional medical information as evidence for the wrongful death case.

The distributees can assert damages for the death of a loved one. Such damages are often referred to as pecuniary loss. It includes loss of consortium, loss prospect of future inheritance, infliction of emotional distress, and medical and funeral expenses.

The plaintiff will have to prove that the physician made a negligent act, causing the death of the person. The medical records can be used to prove such allegation. The plaintiff can also hire expert witnesses to substantiate the case. 

The plaintiff has a maximum of three years to file the medical malpractice wrongful death lawsuit. If the plaintiff has found the evidence after the time limit, the “discovery rule” can be used to assert exception. Discovery rule states that the statute of limitation time starts only upon the detection of evidence. 

Consult with a Wrongful death attorney in Los Angeles to help you file the lawsuit. 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Tips on how to protect your status as an Independent Contractor

Working as an independent contractor has several advantages: It gives you maximum control over the affairs of your own business, flexibility on time, and huge profits. Add to this is the fact that you do not have to pay monthly taxes and are allowed to declare deductions.

However, the Internal Revenue Service (IRS) sets standards for classifying independent contractors. Failure to meet these criteria can lead to reclassification as employee.

Reclassification as an employee may cause you to lose your chance to declare deductions on your office equipment purchases or facility investments. Also, you might lose a current client because it doesn’t want to cover for the additional expense of hiring you as an employee.

If you are determined to preserve your status as an independent contractor you may follow these tips:

1. Maintain full control over the affairs of your business. This helps you show the IRS that you are in full command on the day-to-day activities in your work. Set your own procedures and process for completing projects. You may accept expectations from the client, but make sure you set the course for fulfilling such demands.
2. Do not accept training from client.
3. Set your own working hours. Make sure that you gain control over your time and how you meet the client's deadline.
4. Have your own office and limit doing the tasks within the client's premises.
5. Hire your own assistants to help complete the project.
6. Show that you can earn or suffer loss from a business transaction. Show that you have regular business expenses such as office rent, payment of salaries, and investment on facilities.
7. Charge your clients per project rather than per hour. Show that the price for such project can determine your profit or loss.
8. Obtain license permit for your business or profession
9. Have your business maintain its own bank account
10. Purchase insurance policy for your business
11. Advertise your business services to public
12. Maintain several clients throughout the year
13. Use written agreements. Specify that you are an independent contractor and indicate the terms and conditions of such business relationship. Include details on how much you will be paid for the project or services. This serves as a proof when the IRS verifies your independent contractor status.

Consult with a Los Angeles Business Attorney to learn more on how you can protect your independent contractor status.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Stages of a Wrongful Death case

Vehicular accidents are often the cause of catastrophic injuries, leading to death. If your loved one was killed in an accident, you can file a wrongful death lawsuit. If evidence shows that the defendant has malicious intent to harm your family member, you can assert punitive damages.

You can consult with an experienced Wrongful Death lawyer in California to help you file the case.

Here is an overview of the stages of a wrongful death lawsuit:

Negotiation - You can meet with the defendant and come up with a mediation to resolve the matter. Your lawyer can write the demand letter stating the offense and the total amount of damages. If the defendant doesn't cooperate and you are not satisfied with the settlement amount, you can file the formal lawsuit in court.

Discovery - When the wrongful death lawsuit has been filed (it includes payment of court fees), you can start obtaining information from the other party or other sources to substantiate the case. You will have to gather evidence such as copy of police report, witness statements, photos from the accident scene, medical records, death certificate, and expert opinion.

Pre-trial - Legal representatives or lawyers from both parties may make arguments about the case. It includes the details on the plaintiff's complaint, the validity and credibility of evidence presented, and potential motion to dismiss the case.

At any stage in a wrongful death lawsuit, both parties can agree to reach an amiable settlement to resolve the matter. Both parties can come up with a reasonable method to pay for the damages such as lump sum or structured payment. The agreement must be put into writing as a proof that the case is resolved. However, if one party disagrees with the conditions of agreement, the case can be pursued in court.

Trial - Both parties can assert evidence, make legal defenses, present and cross-examine witnesses, and make final arguments. The court will review the evidence presented, the statement of witnesses, and any expert opinion. The judge will also determine the amount of damages.

Sentencing/ Verdict - The court renders the decision for the case. The judge may award the damages and set the penalties of the defendant.

Appeal - Either of the parties can ask the higher court to review the court decision and assert some legal error.

Collection - The court can have the payment for damages either in lump sum or structured method. In lump sum, the defendant pays the damages in full amount. On the other hand, structured payment allows the defendant to pay in partial amounts.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Employee benefits under Family and Medical Leave Act (FMLA)

If you have just given birth, and you cannot resume work because of your medical condition or need to take care of your newborn; you may avail of Family and Medical Leave benefits.

The Family and Medical Leave Act (FMLA) allows insured employees to take time off from work to attend to personal medical condition or care for an immediate family member. Employees can avail up to 12 weeks of unpaid leave within a year.

FMLA allows the following conditions:

1. Care for a newborn child
2. Care for a sick immediate family member
3. Adoption of a child
4. Attend to personal medical needs such as therapy, surgery, or treatment

Employers have the responsibility to:

1. Provide unpaid family or medical leave to qualified employees
2. Reinstate the employee after completing the family and medical leave
3. Offer an equivalent job post and wage rate upon the return of employee
4. Cooperate with the employee in processing FMLA benefit claim

FMLA benefits to military

FMLA also extends to those who serve in the military. The National Defense Authorization Act provides FMLA benefits to employees who need to care for a family member who is injured while rendering service in the military.

If the injured military officer or soldier was seriously injured or ill, FMLA benefit can extend up to 26 weeks of unpaid leave for the year.

Eligibility requirements for FMLA benefit leave:

1. Employees who have rendered at least 1,250 hours of work for the employer or an equivalent of 12 months.
2. The employee works for an employer who has at least 50 workers within 75 miles of the facility.

FMLA facts

1. Employees can arrange with the employer to use FMLA benefit on an intermittent basis. It means that the employee can spread the 12 weeks throughout the year. The employee can also ask for accommodation to have adjustment in work schedule or shift.
2. You can still avail of the employer's health insurance while enrolled in FMLA program
3. In California, you can avail of Paid Family Leave (PFL), FMLA, and California Family Rights Act (CFRA) concurrently. These programs allow employees to have up to six weeks of paid leave. The State Disability Insurance Program handles the employee claims.

Make sure that you inform your employer ahead of time on your plan to avail of FMLA benefit. It will help your employer to process the needed requirements and provide you ample time to submit medical certificate and clearance.

If your employer refuses to give FMLA benefits, you can consult with an Los Angeles Employment Lawyer to help you assert your FMLA rights.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.