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Traverse City Personal Injury Lawyer
If you have been a victim of Auto Accident, Slip and Fall, Dog Bites, Motorcycle Accidents, or have Insurance Claims, please contact Traverse City Personal Injury Attorney, Tim Smith of Smith & Johnson, Attorneys, PC right away for a free consultation.

• Snowmobile Safety
  

  Here in Northern Michigan we are at the beginning of what looks to be one of the best snowmobiling seasons in recent memory. The Traverse City Record Eagle recently published a forum piece by Bill Manson who is the Executive Director of the Michigan Snowmobile Association. Mr. Manson outlined a number of important safety tips that are especially relevant as we close in on Christmas. Mr. Manson noted that Christmas is a time of year that brings families together and with kids being on Christmas break, we’ll have lots of different age groups of riders on Michigan’s trails and roads.

  In case you missed the forum piece, the Michigan Snowmobile Association reminded riders of the following safety tips:

• With more family gatherings this time of year, this means more snowmobiles and younger riders will be using the state’s trail system. Some of these younger riders will, of course, be less experienced than others, and supervising your minors is critical for their safety.
• If a snowmobile operator is under the age of 12 years, Michigan law requires them to be supervised by an adult even if they are riding on private property owned by the parent or guardian.
• Snowmobile operators between the ages of 12 and 17 years, can drive a snowmobile if they have a valid snowmobile safety certificate in their immediate possession or under the direct supervision of a person who is at least 21 years of age.
• County sheriff deputies will be monitoring and patrolling area trails and roads. Zero tolerance for alcohol and snowmobiling will be strictly enforced at all times. An infraction for operating while under the influence will count against that individual’s motor vehicle operators license.
• When operating snowmobiles off of private property, stay on the marked, groomed trails and do not trespass on private property.
• If you are involved in an accident while snowmobiling, click here for tips on how to handle the situation.
Originally posted at InjuryBoard by Timothy Smith
• Fair Labor Standards Act Violations - getting cheated out of overtime pay.
  

  The Fair Labor Standards Act [FLSA] states very clearly that qualifying employees who work over 40 hours per work week are to be paid at time and one-half for that over time. Some employers have gone to great lengths to avoid this rule and many have paid the consequences.

  Most recently, the 11th Circuit Court of Appeals in Atlanta Georgia upheld a $35.6 million dollar judgment against Family Dollar Stores Inc. for denying employees overtime pay by re-classifying them as managers when they clearly were simple employees. In the original lawsuit which was tried in Alabama, nearly 1,500 employees were working 60-70 work weeks and were denied overtime pay.

  Family Dollar claimed these employees who were stocking shelves, operating the cash register and mopping floors were "managers" in an attempt to avoid paying overtime. The jury and the 11th Circuit disagreed and found that it was clearly a wage and hour violation by defendant Family Dollar.

  This wasn't the first time that Family dollar was caught with its hands in the over-time jar.....

  The 7th U.S. Circuit Court of Appeals held in favor of the employees in Brown v. Family Dollar Store of Indiana. In this case, the Federal Appeals Court held that a more lenient standard of proof applies to an employee's claim for uncompensated overtime if the employer fails to keep accurate time records. The plaintiff in this case brought forth evidence that the employer had altered the time records to avoid paying overtime to its employees; a plan that evidently backfired on the defendant.

  All employees should keep in mind the following:

  1. Employers that are subject to the FLSA are required to keep detailed records for both non-exempt and exempt employees concerning wages paid.

  2. For non-exempt employees, employers must keep track of total hours worked each workday and workweek as well as total wages paid for each period.

  3. Employers are required to keep these records for two or three years depending on the type of record involved.

  4. If you work more than 40 hours in any 7 consecutive 24-hour work periods, you are entitled to time and a half or "overtime" if you are a non-exempt employee under FLSA.

  Originally posted at InjuryBoard by Timothy Smith
• Auto No-Fault Divorce Tips
  

  So the dust has settled on the divorce. You've taken care of the custody and support issues. All of the personal property has been divided up and you're ready to start the next chapter in your life. You don't mind that your ex-husband got the Chevy pick-up since you never really liked driving it to begin with.

  A couple a months later, you find out that your ex totaled the truck in an accident that he caused. A few months after that, the sheriff's department is at your door serving you with a lawsuit where you are named as a defendant and the folks that your ex injured are now suing you! How could this happen?

  It does happen. It happens when you give the ex the vehicle in the divorce, but forget to get your name taken off the title. Michigan has an "Owner Liability Statute". This statute allows a person injured in an auto accident to sue not only the driver that injured them, but also the owners of that vehicle, assuming the driver had their express or implied permission.

  So, the lesson learned? Get your name off the title of the vehicle that your spouse is taking in the divorce. Typically there is language in your judgment of divorce that requires the other spouse to sign whatever documents are needed to effectuate the intent of the divorce judgment. If the ex refuses to sign off on the title, your divorce judgment probably has language in it that allows you to take the judgment down to the Secretary of State’s office and have your name removed without the ex even being there.

  Don't leave any loose ends lying around at the end of your divorce. Otherwise you might get wrapped up in a lawsuit that you could have avoided.

  Originally posted at InjuryBoard by Timothy Smith
• Driver Fatigue in Heavy Truck Accidents
  

  Statistically speaking, driver fatigue is responsible for up to 40% of all accidents caused by semi-truck drivers. Data from the Deptartment of Transportation show that driver fatigue causes as many as 750 deaths and nearly 200,000 injuries on an annual basis.

  Under