Can You Work for a Company After Suing? Legal Considerations to Weigh

Navigating UAW/GM Retiree Legal Aid: A Detailed Overview

UAW/GM Retiree Benefits Explained

Typically, the benefits to which United Auto Workers retirees are entitled include pension payments, healthcare benefits, life insurance, and death benefits. The pension benefits are provided either by GM or the salaried plan, but the timing and amount of the benefits vary. Most UAW/GMs retirees are part of a pre-2007 plan in which their benefits are paid by GM and generally they are paid immediately in accordance with normal retirement ages and vesting. In addition, there is a group of GM retirees that were transferred to Delphi and whose pensions are being paid by the PBGC.
Healthcare benefits for UAW/GM employees continue through retirement . The level of benefit depends upon the employee’s date of hire, years of service, date of retirement, and date when GM first began charging retirees for healthcare benefits. Even if a UAW/GM retiree obtains other healthcare coverage, he or she remains eligible for healthcare under the UAW-GM plan. Many GM/UAW retirees were terminated from employment during the 2009-2012 period ("the Great Recession") and those employees may be eligible for income from a Special Separation Package or Early Retirement Package.
There are also benefits available to a surviving spouse, such as life insurance benefits and death benefits. A legal service can assist a UAW/GM employee and a surviving spouse with the application and enrollment of the required benefits.

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Employee Rights

As an employee, you possess certain fundamental rights defined by federal and state laws. The Fair Labor Standards Act (FLSA) is primarily responsible for protecting workers from wage theft and discrimination, providing a framework of employee rights in various areas. For example, both the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) aim to provide a just workplace without discrimination or overtly adverse conditions.
Employee Misclassification and Overtime
Under the FLSA, it is impermissible for employers to misclassify workers in order to avoid overtime requirements. Many employees must receive a minimum of time-and-a-half pay when they work over 40 hours in a week. However, some employees are required to work on a salaried basis, making them exempt from overtime protections under the FLSA.
In order to be exempt from overtime, an employee must meet certain criteria. First, the employee must perform the duties related to one of the following professions: administrative, professional, executive, outside sales, or computer-related. Many of these professions should also require that the employee engages in professional knowledge that requires at least a four-year degree. Furthermore, this knowledge and the duties performed must be regularly exercised in the workplace in a meaningful way. In general, job titles alone are not sufficient to determine whether or not an employee may be exempt from overtime requirements .
Workplace Discrimination
The movement to secure equality for workers has been around for more more than a century. The 1940s saw the passage of the FLSA, which was one of the first large steps toward creating a workplace with defined rights for employees. Proper overtime pay and child labor laws are just a couple of provisions contained in the FLSA.
By the 1960s, a major step forward was made for women in the workplace when the Equal Pay Act of 1963 was enacted. It was not until the 1990s that discrimination based on disability was addressed. The Americans with Disabilities Act and the Family Medical leave Act outline the basic rights of disabled workers and their care givers. A number of other acts, such as the Age Discrimination in Employment Act, prohibit discrimination and harassment based on age.
Grievance Filing with State and Other Governmental Entities
If you feel that you have been wronged by your employer, you have the right to file a grievance with the U.S. Department of Labor. This can be done through telephone, mail, or via the Internet. Complaints of discrimination or harassment based on protected class status should be filed with the Equal Employment Opportunity Commission. There is a period of time, called the statute of limitations, in which you are able to file these claims. For example, most state statutes of limitations are two years from the time of the action.

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Understanding Michigan Self-Defense Laws: Key Information You Should Know

Self-Defense Law in Michigan – A Quick Overview

Michigan law recognizes the right of individuals to defend themselves when faced with imminent harm and, under certain circumstances, to use deadly force. Before dissuading yourself from ever invoking self-defense, you should speak with an experienced defense lawyer to fully understand your situation.
The law in Michigan does not require the government to prove that you were at fault, or that you provoked a fight, for a self-defense claim not to be viable. In fact, contrary to popular belief , you may use force that is intended to defend yourself if you are being threatened. A jury may consider the ability of an aggressor to avoid confrontation. The key to any case rests not on the level of violence or the extent of injuries suffered by any of the parties involved, but on the perception of the person responding to the threat. If you reasonably believe that you are about to be killed — particularly if you are not the initial aggressor — you may be entitled to use deadly force. It is important to get all the facts in evidence upon which a jury may find that the use of deadly force was justified.

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Breaking Down Termination of Software License Agreements

What is a Software License Agreement?

A Software License Agreement is a legally binding control to terms that governs the use and redistribution of software. These agreements are advantageous for both the software manufacturer and the consumer as it allows the consumer to use the software as their own while the manufacturer maintains the right to control how it is used and distributed. These license agreements control functionality, the nature and purpose of the software, and limits what you may do with it.
It is essentially an agreement between the purchaser/consumer and the manufacturer that states the terms and conditions of use. A software license agreement determines how many people within a business or company can use the software and how many times that software can be utilized at once.
Software license agreements can be explicit or implicit. Explicit agreements define the specific limitations of a person’s access to the software , while implicit agreements have set limitations of access.
Licenses also allow the manufacturer to restrict certain portions of their code or source code. There are three general types of software licenses: Proprietary Licenses, Freeware Licenses, and Open-Source Licenses. Proprietary Licenses are when consumers purchase the software with a limited license to use the software they purchase as well as all updates to the software.
Freeware Licenses allows consumers to get a free copy of the software, but with the understanding that the manufacturer can incorporate ads or have the consumers endure minimal costs to use the system.
With Open-Source Licenses, the manufacturer provides the source code to the software, allowing the customer to modify the program as they choose.

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The Definitive Guide to Outsourcing Legal Research

Why Legal Research Should Be Outsourced

Time Efficiency: Law firm practitioners operate under strict, and in many ways more onerous, billable time requirements than their corporate counterparts. With 10 to 15 billing hours per day being ideal, all non-billable tasks are detrimental to financial achievement and success. For senior law firm associates, legal research, whether for a client, senior partner or for developing own expertise in an area of the law, can easily dwarf non-billable hours each day. Outsourcing research helps avoid this issue. If you need to be conducting research, do it in a time-efficient manner and outsource whenever possible or prudent; particularly for legal issues in which you have little experience. You will recover your time (and then some!).
Cost Effectiveness: This is not as simple as it sounds. Your cost for legal research may not be limited to paying the billable rate of a junior associate. For larger firms, the costs may include training and support, other research level attorneys, reference librarians and various databases. For corporate or litigation departments, legal research costs may include training a single attorney or a group of attorneys not previously experienced in an area of practice. While direct hourly costs may be lower than your current rates, indirect costs (as listed above) can add up quickly . Additionally, a linear review of these indirect costs may likely increase efficiency and accuracy, albeit at a slower rate, over time.
Expertise: Legal research resource providers are often former members of law firms or corporate legal departments, with practical, real-world experience and in-depth expertise. Even plain vanilla legal research, such as solely interpreting/applying/citing to precedent from previously decided cases, is rarely straight forward. Law school taught the fundamental skills of not only conducting, but broadly understanding the results of legal research. However, most legal research graduates, once on the job, are overloaded with "real world" demands that distract from the underlying basic research skills required to understand research results. The nuances of interpreting/applying/citing to precedent from previously decided cases is more often than not overwhelming and, unfortunately, eluded. Without painful lessons learned (i.e. errors) borne out by negative legal ramifications, there is no other practical way to become proficient in legal research. If not for yourself, for the business considerations of your firm or department, outsourcing to an experienced, former attorney is often the best option. Being resourceful is tantamount to employing resource experts.

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A Breakdown of Idaho Labor Laws

Idaho labor laws outline the rules and regulations that employers and employees must follow in the workplace. Although these laws broadly cover many aspects of the employee-employer relationship, they are less detailed than federal labor standards. In fact, both federal and state law apply to most employees in Idaho.
The United States Department of Labor establishes federal minimum wage and overtime pay rates that apply to full-time and part-time workers nationwide , but states can establish their own labor laws, such as the time allotted for lunch breaks or rest periods between shifts. Idaho is one of the few states to not require a lunch break for employees who work more than 5 hours in a single day. Instead, lunch breaks are optional, although state law does require that most employers develop a written employee handbook and allow employees to request flexible hours and breaks.
Idaho labor laws also cover other requirements for employers and employees, including:

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What is a Joint Prosecution Agreement?

A Joint Prosecution Agreement is an informal, nonpublic, and typically unwritten agreement among two or more parties that are injured by the same, or similar, wrongdoing so that they may jointly pursue legal action against one or more tortfeasors. Under such agreements, the parties will commit to a joint effort to pursue a single, unified course of action in pursuit of their collective recovery. This form of cooperative litigation typically takes the form of a joint complaint in which the claims of each injured party are consolidated. While a specific percentage of the recovery to which parties to a joint prosecution are entitled is not universally agreed upon, it is common for parties to a joint prosecution to share equally in any recovery. An interest in maximizing the efficiency, speed, and potential return of a lawsuit typically motivates the parties to enter into a joint prosecution or group litigation agreement .
Joint litigation agreements differ from a common interest agreements, which typically entail the sharing discovery and documents among co-defendants. While joint prosecutions require cooperation among multiple claimants, common interest agreements require no such cooperation among defendants. The legal theory underlying these types of agreements is that the litigation involves many of the same questions and issues of fact, and the evidence to be presented at trial by each party will be similar. As explained in Unilab Corp. v. Washington Public Power Supply System, a joint defense or common interest agreement is essentially an attorney-client relationship between and among those in the agreement, with the provision that the information derived from the common interests, including discovery, will not be shared absent consent of the parties.

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Arizona Window Tint Limit: What is it?

The legal tint limit in Arizona for passenger cars is 33% or any tint darkness that transmits 33% or more of light. For vans and SUVs, the visible light transmission for the side and rear windows must not be less than 33%. When a film is applied to the windshield, it must not be darker than 33%. For "step vans" where the windshield is less than the standard width, the panes on either side of the windshield must allow 33% of light transmittance or more and the panes can only be tinted with a transparent film. However, for these types of vehicles, the tinted films may be tinted darker than 33% but must not be darker than the rear and side windows. All other types are vehicles are required to have display a sticker affirming that the window film complies with state law. Vehicles not equipped with a sticker as required by law will be considered noncompliant. In Arizona, the use of reflective tint is prohibited. As such , all windows if covered by sheets or other materials, must allow not less than 33% of light transmittance. In addition, all tinted rear and side windows must allow 10% or more of light transmittance while the upper eight inches of any windshield may be covered by tinted film of any reflectivity as well. In addition, any such tint on the windshield must also meet the state’s 33% VLT requirement and an SAE sticker in the lower corner of the driver’s side windshield must be affixed. Although there are no law enforcement shops across the state that are equipped to measure the tint, each tint manufacturer must provide a Certificate of Compliance along with an affidavit stating that their tint is within the allowable limits, and must include the tint percentage VLT and that it meets ASTM No. 1040 standards. This certificate or affidavit can then be presented to law enforcement if ever stopped.

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The Complete Guide to Lodger Agreement Preparation: Samples and Practical Tips

What is a Lodger Agreement?

A lodger agreement is a legal contract that outlines the relationship between a landlord and a lodger. It will usually include the rent and payment terms, the length of the agreement, and how the relationship can be ended.
The definition of a lodger agreement is as follows:
"An agreement between the landlord of a property that subdivides part of a rental or owned residence – such as a room or room and board – to provide accommodation to a renter known as a ‘lodger . ‘ The lodger pays a rent to the landlord in exchange for the private accommodation." Investopedia
These types of agreements can be very helpful to landlords in establishing ground rules for their lodgers to follow and protecting the rights of both parties if a disagreement arises later on.
A lodger agreement differs from a tenancy agreement in a number of ways:
What are the key components of a lodger agreement? Lodger agreements will not always contain exactly the same information, but will usually have the following:

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What is Data Residency?

As globalization has come to dominate our economic and consumer worlds, so too have the international flow of data and the borders associated with this global digital phenomenon. The rising influx of digital expressions of individual and corporate activities has made it increasingly important, not simply for cyber hackers out to illegally monetize or exploit all types of data, but for nation states out to protect what they consider to be their own valuable information. This, as well, accompanied by growing recognition that data serves as a nation’s leading-edge innovation advantage. After all, for many companies and industries , what may have started out as business intelligence and customer relations management now incorporates the most personal of information — everything from private identifiers to biometrics – and with it the power that giant mounds of information provide. For these reasons, there has been an increase in legislations and regulations mandating data residency. What countries are increasingly doing is ordering that their citizens’ data live within their borders and that it not depart the country without specific permission. Such laws usually are designed both to protect the data and the interest in using the data from foreign incursion, mishap or unwarranted voyeurism.

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