Many of us have our pets sleep with us in our beds; I think it's great and they keep you warmer than an electric blanket. I love having our dogs in our room at night. It makes me feel safe. However, I must say, during a storm at night, its not so nice. Don't get me wrong, I love our dogs, but when a storm hits it is a free-for-all on their part. We have three dogs: Barley, Guinness (you know the boys from the dog blog) and my grand dog Jackson. When a storm comes at night, all three feel the need to be up around my face and head, or lying over my body or just digging at me to get under the covers as fast as they can. I do my best to calm them all down, but once you get one calmed down, another one starts, and it's all on again. This is when I get NO sleep and I have to come in to the office looking like a zombie. Well, on June 18, 2014, and again on October 6, 2014, it was a great light show from the lighting during a storm. The thunder was loud and the dogs were showing me how afraid they were. Truth be told, I'm really not crazy about storms either. We all sat in bed watching what we could on the TV, with the volume turned up extra loud to try to drown out the thunder. Nothing, and I mean nothing, worked. They were on the bed, off the bed, under the bed, beside the bed, in the master bathroom, in the closets and once again, nothing worked. I finally got all three of them to lie down on the bed with me. That turned into a jocking for a position around my face and head. I tried to explain that just lying with me was ok; they didn't need to be lying on my face and head and I don't know why they just didn't understand that. It's funny how dogs can comprehend so many things, but they just didn't understand that me trying to breath was important, not only to me, but for them too. After the big storms passed and they all laid down, up close and all in my face - panting in my face I might add, my alarm clock went off. I just laid there after I shut my alarm off and thought, "Oh my stars, how am I going to go into the office and function??" I just need a few hours of sleep and I can make it though the whole day. Well, I made it to work and was functional. I might not be 100 percent on those days, but I do my best to make it and try to look like I know what I'm doing. I love my boys very much, but when it comes to storms, I think we are all going to start to sleep in the basement family room. Bark on Bordas Dog Nation, Bark on.
The Benefits of Teaching a Baby to Sign
My daughter decided before her baby was even born that she was going to teach the baby sign language. I was skeptical and uncertain why you would want to sign to your baby. Would the little one depend on signing and not learn to talk? My niece did some limited signing with her little one and felt that it was a deterrent for him in beginning to talk (let me tell you - he is now three and he definitely talks!). So, when my granddaughter was about five to six-months-old my daughter started signing to her. She initially used three to four signs: drink, milk, more, and bath. As she got older, more signs were introduced: water, ball, duck, please, eat, and noises. This went on for months and months with seemingly no results. Once baby girl hit her first birthday, it all started to sink in! She started with the sign for more. More fruit, more milk and then more tickle!! We knew she understood exactly what more was when she wanted more tickles. It's one thing to want more food, but more tickles seemed to prove that she knew what more actually was. Her second "ah-hah" sign was airplane. My daughter lives near the Miami airport so when they go outside for a walk, they can always spot an airplane in the sky. She searched and searched the sky for an airplane and when she saw one the arm came out and she made the sign. It seems as if signing for a baby is kind of like talking in that the signs are not perfect just like words are not perfect at first. I often have to ask my daughter what sign baby girl is making. Just like a mom usually has to interpret baby's words for everyone, my daughter has to interpret signs. Baby girl is now 18-months-old and she has more than 60 signs under her belt! It's amazing. It's wonderful to see how she can communicate and how much more she seems to understand. She even knows the sign for toilet and we're hoping it will help when it's time to potty train. Gigi has learned quite a few signs, but not nearly as many as baby girl. Baby girl is going to be a big sister come January and it will be interesting to see how the siblings communicate when the new baby gets old enough to sign. I'll keep you posted! And by the way, she is beginning to talk so if the sign language slowed talking down a little, it was worth it.
Allstate Insurance Company Releases Its 10th Annual 'America's Best Drivers Report'
Allstate Insurance Company recently released its 10th annual "America's Best Drivers Report." Among America's smaller cities, Pittsburgh ranked dead last in terms of car crash frequency. A "smaller city" was determined to have a population of 250,000-499,999 people. According to the report, the average driver in Pittsburgh will experience a crash every 6.6 years and is 51.3 percent more likely to crash than the average American. "We don't want drivers in Pittsburgh to be discouraged by their ranking. Instead, we want the report to challenge drivers in Pittsburgh to make positive changes to their driving," said Blair Bogdan, Pittsburgh-area Allstate agent. "Our goal with this report is to make the cities that fall on the bottom of the list safer places to live and raise families." It is nice that Allstate wants the report to challenge drivers to make positive changes to their driving, but the commentary is silent as to what the automobile insurance companies, and the companies they insure, are doing, if anything, to decrease the frequency of car crashes. Are these companies implementing and/or incentivizing the implementation of driver safety programs? Have they determined that the cost of establishing such programs outweigh the potential benefit? What can Pennsylvania residents do to provide the insurance companies and their associated insured companies with incentive to spend the money necessary to establish driver safety programs? To start, they can position themselves to hold these companies accountable for the pain and suffering they suffer at the hands of their careless or reckless drivers. A Pennsylvania resident CANNOT do this if they choose the "Limited Tort" option on their motor vehicle liability insurance policy. If they choose the limited tort option, they can sue for "economic" damages such as payment of medical bills and lost wages, but if they are not "seriously injured," they cannot be compensated for "non-economic" damages, i.e. pain, suffering, embarrassment, humiliation, inconvenience and/or loss of life's pleasures. "Serious injury" is defined as "death, significant deformity or impairment of body function." To be able to sue for all damages available under Pennsylvania law, one must choose the "Full Tort" option, which may slightly increase the premium. Without the risk of having to compensate victims of careless drivers, there is no monetary incentive for these companies to make the roads safer. Without accountability for damages, wrecks are bound to increase.
The Surprise House Guest
'Twas the night before an exam and all through the house not a creature was stirring except for A MOUSE! It was last Tuesday, I was almost asleep until I heard my roommate Sarah, call out, "Liv, there is a mouse. It just ran behind the couch." I called her crazy until I saw the mouse myself. I immediately thought that it would make sense for the mouse to come inside since every other creepy crawler in the town of West Liberty likes to move in with us. Due to the fact that we are two college students who have always had our fathers kill the creepy crawlers when living at home, we argued over who was going the lift the couch up and who was to swat at the mouse; yes, our weapon of choice was a fly swatter. Since we have terrible aim when it comes to smashing any bugs, Sarah came up with the bright idea to open the door in hopes that the mouse would run out. I hopped on her back as she made the heroic move to unlock the door. As we lifted the couch up, anxious to see what would happen next, there was no sign of the mouse. Frazzled, we both continued to check under all the other pieces of furniture, but still could not find a trace of the mouse...until Sunday night. I was sitting on the couch studying, and saw something run across my floor. I didn't believe my eyes until I saw the critter run by a second time! Determined to put an end to this problem, we set traps and put cheese on them. For the second time, the mouse outsmarted us and ate all the cheese off each trap! I find it very ironic that there is a stray kitten outside of our apartment and a mouse inside our apartment. It almost sounds like the perfect Tom and Jerry episode! I have never believed in karma until this moment. This summer, one of my co-workers had an unwanted meeting with a mouse. I found the story quite comical and we made jokes about her new acquaintance. I now know the fear that she felt and am hoping that she is getting a good laugh out of my mouse like karma. I plan to purchase some of the sticky mousetraps with hopes that the mouse won't be able to outsmart us on this one!
A Truly Frightening Medical Crisis
The ongoing Ebola scare in the United States has led to calls for broad travel bans, the appointment of an "Ebola Czar" from President Obama's administration, and a general feeling that our government at all levels should be doing everything in their collective power to stop a virus that has infected a few Americans. Perhaps only time will tell whether this response was justified or an overreaction, but one thing is for certain, there is another healthcare epidemic going on in our country that we hear very little about. To the extent the media reports on it at all, those reports advocate for less safety, not more. This healthcare epidemic results in at least 210,000 to 400,000 deaths per year, with events of serious harm being perhaps 10 or 20 times higher than that. Experts who have studied that epidemic have concluded that these deaths and injuries are "preventable," but there is no public outcry. What is this healthcare epidemic? Medical malpractice. This blog has reported on these daunting statistics before. The September 2013 "Journal of Patient Safety" took a look at how many Americans die each year from preventable medical errors. Previous estimates pegged the number at up to 98,000 based on data from 1984. The authors of the 2013 article updated the data and concluded that the 98,000 number severely underestimated the scope of the problem. In fact, those authors concluded that the "lower limit" of annual deaths from preventable medical errors was 210,000 with an actual estimate of "more than 400,000 per year." The authors concluded as follows: "The epidemic of patient harm is hospitals must be taken more seriously if it is to be curtailed." Imagine if Ebola was killing Americans at a rate of "more than 400,000 per year." We would obviously commit whatever resources were necessary to completely and permanently stop that disaster. The public outcry would be immense. Those responsible for the catastrophe would be held accountable without talk of "capping" or limiting that accountability. There would be no pervasive victim blaming like we see for victims of medical malpractice. We should take Ebola seriously, but that shouldn't stop us from recognizing another ongoing healthcare catastrophe in our country.
A Great Day in Wheeling
It was Friday, September 19, 2014, and I had the day off. For the first time in a very long time, I found myself without any commitments or housework to catch up on. This time something was different, my youngest has entered kindergarten; the kids were all in school!!! I had several hours-this is like gold to me. I definitely wanted to spend my day outside. The weather was just perfect and as I know all too well, it's just a matter of time before the blustery snow would soon roll into the valley. I wanted to take advantage of my time and this beautiful day by spending it outside. So, this is what I did. My husband and I spent the day strolling along the streets of The Historic Centre Market of Wheeling. I am embarrassed to say that in the past, my experience with Centre Market was stop in here or there to get what I needed and be on my way. I had never taken the time to really enjoy what they had to offer. We made a point to walk into several shops. We met and chatted with some very nice business owners. I was quite impressed with what many of these shops had to offer. We did a little tasting at The Soup Shack with their homemade soups. We made mental notes of places we could bring the kids to grab something to eat that we never seem to think of at the time we are trying to decide. Michael's Beef House is on our list, I think the teenagers would love this food. I've always been a patron of the classical Coleman's Fish Market and love Later Gator, but today we ate at Market Vines. Let me say, it was delicious and we cannot wait to go back to try many more things on the menu. Of course, it did not stop there; we certainly had to bring home some cookies for our kids and a little something sweet for Mom and Dad as well. Cookie Pops was the next stop of the day. Admittedly, it's a shame it took me so long to take the time to find this little corner of the valley and the touch of unique things it had to offer. Better late than never, I guess. So this is my personal tribute and recognition to our beautiful Centre Market, the small business owners, all their hard work, and what they have brought and continue to add to our hometown. I think I may have found one of my favorite places in Wheeling - The Historic Centre Market.
Child Car Seat Safety - Buckle Every Child, Every Time
Every year, thousands of children are tragically injured or killed in vehicle crashes. In fact, collisions are the leading cause of death for children ages one to thirteen. Unfortunately, in our line of work we routinely encounter folks who have been seriously injured in automobile or tractor-trailer collisions. These incidents are often heartbreaking. But nothing is more upsetting than when a collision involves injuries to a child. Statistics shows that road injuries are the leading cause of preventable deaths and injuries to children in the United States, but correctly used child safety seats can reduce the risk of death by as much as 71 percent. As the father of a seven-year-old, I thought we were past the days of bulky car seats and five-point harnesses for her. However, I recently learned how wrong I was. Apparently I am not alone, as 73 percent of car seats are not used or installed correctly! For those of us with children, we understand how much time our kids spend in vehicles. So it's always a good idea to periodically review child car seat laws and guidelines to make certain that we, as caregivers, are doing right by our children, no matter their age, every time we put them in the car. What follows are some handy tips: 1. Seatbelts Are the Law. W.Va. Code 17C-15-49 makes it unlawful for a person to operate a passenger vehicle on a public street or highway unless all front seat passengers and back seat passengers under 18 are restrained by a seat belt. W.Va. Code 17C-15-46 requires every child under the age of eight to be in a child passenger safety device that meets applicable federal motor vehicle safety standards. These are primary laws, meaning you can be pulled over and cited if you or your child are not belted. More importantly, however, keep in mind that these laws set minimum standards for child car safety. To keep your child as safe as possible, please remain mindful of the following guidelines. 2. Choose the Appropriate Child Seat. Age Group Type of Seat General Guidelines Infants/Toddlers Infant seats and rear-facing convertible seats All infants and toddlers should ride in a Rear-Facing Car Seat until they are two-years-old or until they reach the highest weight and height allowed by their car seat's manufacturer. Toddlers/Preschoolers Convertible seats and forward-facing seats with five-point harnesses All children two years or older, or those younger than two years who have outgrown the rear-facing weight or height limit for their car safety seat, should use a Forward-Facing Car Safety Seat with a five-point harness for as long as possible, up to the highest weight or height allowed by the safety seat's manufacturer. School-aged children Booster seats All children whose weight or height is above the forward-facing limit for their care safety seat should use a Belt-Positioning Booster Seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are between eight and twelve years of age. Older children Seat belts When children are old enough and large enough to use the vehicle seat belt alone, they should always use Lap a nd Shoulder Seat Belts for optimal protection. All children younger than 13 years should be restrained in the Rear Seats of vehicles for optimal protection 3. Install the Seat Properly. - The seat you choose must be appropriate for your child's age, height and weight. - The seat must fit as tightly as possible in your vehicle and not move more than one inch from side to side and front to back. - Child seats go in the back seat only. - Not all child seats are the same. Refer to the manufacturer's instructions (you can almost always find them online if you have a hand-me-down seat) for weight limits, proper use and installation. - Make sure the harness is tightly buckled and coming from the correct slots (check your car seat manual). Place the chest clip at armpit level. Then pinch the strap at your child's shoulder. Your harness is properly tight if you are unable to pinch any excess webbing. - Avoid seats that are too old. Most manufacturers recommend replacing any seat over six years old or seats that have been involved in a significant crash. Although this all seems simple enough, in my experience proper installation can be deceptively difficult and maddeningly frustrating. I can't tell you how many times we were late for appointments as new parents because of car seat installation problems. I became better with time and effort, but it was no picnic at first. Even now, it can still be a time-consuming endeavor when dealing with a different car or a different seat, but proper installation is way too important not to make the effort to get it right. Fortunately, there organizations like Safe Kids, who sponsor more than 8,000 car seat inspection events across the country each year. 4. Buckle Your Children Every Time. It seems incredible to me that any parent, grandparent, or caregiver in this day and age would skip the 30 or fewer seconds it takes to appropriately secure a child, but studies have shown that 20 percent of parents with graduate degrees (versus 10 percent with high school diplomas) think it's acceptable not to buckle their children when they are in a hurry and one in three affluent parents (defined as annual income over $100,000) think it's okay not to buckle their children if they are not traveling far. These are major fallacies. Statistics show that 60 percent of crashes involving children occur less than 10 minutes from home. In 2011, in cases involving child deaths, a staggering 33 percent of those children were not buckled properly. The fact is that there is no excuse for not buckling a child the right way, every single time you start the engine. Although attention is focused on this issue during a week in September, we would do well to remain diligent about child car safety year-round. By following these tips, you can ensure that your child has the best possible opportunity to avoid injury and walk away from an unfortunate collision.
Forget what you've Heard about Hearsay
Evidence was a class I enjoyed in law school. I think a lot of that was because I really liked my professor. Also because the class was in the afternoon, and I am not a morning person. But one of the real reasons that I enjoyed Evidence class was that a lot of what we discussed in the class was familiar to me even before I grappled with the subject matter or read the cases or rules we studied in class. I recognized many of the words and phrases we were studying. As a Law & Order enthusiast for many years before law school, I'd heard Sam Waterston yell "objection!" more times than I could count. I'd heard him accuse the defense of "badgering the witness" and I'd heard him question the relevance of testimony. But more than anything, I heard about "hearsay." Now that I am a practicing attorney, I realize that many clients must have also heard about hearsay just as much as I had. Particularly when preparing for a deposition, or answering written discovery requests, clients will often worry about their ability answer a particular question, because the only information they have was learned from another person, or was hearsay. This is a very valid question for a client to have, and I am always glad that people ask. The good news for clients is that you don't have to worry too much about whether something is hearsay or not. We, as lawyers, get to worry about that for you! Nonetheless, it can often help ease the uncertainty that comes with answering discovery or having your deposition taken to have a little better understanding of what hearsay means and the role it plays in a lawsuit. Hearsay is an out of court statement offered into evidence to prove the truth of the matter asserted. What does this mean? Well, most importantly, it means that the lawsuit is at the trial stage. Hearsay is one of the many topics addressed in the Rules of Evidence. Rules of Evidence do not apply to the discovery stage of a lawsuit, including written interrogatories, requests for production of documents, and depositions. One of the most important differences between the Rules of Civil Procedure and the Rules of Evidence is that the Rules of Civil Procedure that govern discovery proceedings allow for a much broader scope of topics and information to be discussed. Just because something is discussed during discovery part of a lawsuit does not mean it will be able to be introduced as evidence at the trial of that lawsuit. Hearsay is a great example of that. If you are involved in a lawsuit, questions you may be asked in written discovery, or during a deposition, may be about what another person told you. You will likely be asked things like "what did your mother tell you when she got back from the doctor?" or "what did the driver say when he got out of the car?" If you are thinking that these statements are hearsay, you are not far off. They are statements, made outside of court, and such a statement may not be able to be discussed at trial, on the grounds that it is hearsay. But during a deposition or when responding to an interrogatory, these are acceptable questions, and you can answer them without worrying that you have violated a rule. You may wish to clarify that your knowledge is second-hand, or that you only learned certain information from another person, but you won't have to worry about Sam Waterston jumping up and yelling "objection, hearsay!" at you. If the lawsuit does reach the trial stage, hearsay will become a factor, which will guide what evidence, including deposition testimony or written discovery responses, will be admitted into the trial for the jury to consider in deciding the case. At this point, the lawyers representing the parties in the cases may seek to have certain evidence excluded or admitted, and may use the hearsay rule and its many exceptions to make these arguments about the admissibility of the evidence. Ultimately, the judge will decide whether the evidence is hearsay or not, and whether it will be permitted in the trial. Hiring attorneys who are experienced in every stage of a lawsuit, including discovery proceedings and representing clients at trials, is one of the most important decisions you can make about your case. Experienced trial attorneys, like the attorneys at Bordas & Bordas, can explain the rules governing your case, and answer questions that you may have about the proceedings and your role in the process. If you believe that you have a potential case, contact our office to speak to one of our attorneys for a consultation. We can help you determine whether your situation is actionable, and answer questions you may have about the process of pursuing a lawsuit.
The Not-So-Long-Distance Grandma
My 18-month-old granddaughter lives half of her life in Miami, Florida and the other half in Nassau, Bahamas. While that may be great for her, I hate being so far away. With the use of our iPhones and Facetime, the distance issue becomes so much easier. Ella and I have a Facetime visit every few days - my daughter is so wonderful about keeping me in Ella's life and I so love her for it. Here is how a Facetime visit works. I answer my Facetime call and on the other end is the face of my beautiful granddaughter! I wave to her and she waves back. I ask her what she has been doing all day and just carry on a conversation with her. Since she doesn't talk a whole lot, she just listens and carries me all over the house! Since my daughter has taught Ella sign language, if I mention something that she knows the sign for, she signs - her favorite being duck! She will take me in her little carnival tent from Ikea and we tell stories and share secrets! Sometimes she lays me on the floor and walks off. My daughter will say, "Ella, you left Gigi over there, go get her!" Ella will grab the phone, give me a big smile, and carry me off somewhere else! When Ella has the phone, I see all kinds of strange things - eyeballs (which is now a vocabulary word), bellies, nostrils, ceiling fans - you know how it goes if you accidently leave your video camera on and walk around. One of Ella's favorite Gigi things to do is to have me smell her feet and exclaim, "Poooo, tinky, tinky" - holding my nose. For a while, as soon as she saw my face she would hold her nose and say, "Poooo." Ella now puts her foot to the phone for me to smell her feet and make my exclamation of "Poooo, tinky, tinky." If she's sitting in her high chair when the Facetime goes through, she automatically lifts that foot up for me to smell over the phone! Speaking of high chair, many times my daughter will set the phone up while Ella is eating her dinner. We talk while she eats and she shares her food with me! I take a bite and say, "Nummy, nummy, nummy." Of course, those silly words are part of the vocabulary as well. She does the sign for milk and grabs her cup to drink. She shares her milk with me over the phone as well. A few weeks ago was the ultimate Facetime visit. I was in the kitchen fixing dinner so I set the phone on the counter so she could watch. Somehow the phone was set up so I could see her and she wasn't carrying it. We started playing Ring around the Rosie. I was spinning around the kitchen and each time I would finish the song, she would do the sign for more and I would have to sing it again. I finally had to tell her Gigi was too dizzy to sing it again. So she grabbed the phone and took me over to her stuffed ducky. She decided the ducky wanted a nap (injecting the sign for sleep) and took the duck into her room to put it in the pack and play. She told Mommy she wanted in the pack and play as well. So, in she went to join ducky and in I went to join them both! So we jibbered and jabbered and sang songs. We played with her talking dog, Violet, and worked on repeating all the words she knows how to say. Ella, ducky and I played in the pack and play for probably 20 minutes! All the while, my daughter is getting a lot of things done out in the kitchen! When it's time to say goodbye, Ella and I wave to each other. I tell her to blow me a kiss and I blow her one. Blowing kisses is never quite good enough though, so she grabs the phone and plants a big one on it for Gigi!! Hysterical. While Facetime visits don't beat real visits, they sure fill in what seems like the huge spaces between visits in such a positive way. It's so much better than in the old days when you tried to keep the long distance relationship alive with photographs and an occasional telephone call. Thank you modern technology!
A Kindly Gesture
A kindly gesture can go a long way. Making kindly gestures a part of your everyday behavior is ideal, but realistically it doesn't always happen. Sometimes, just sometimes, that kindly gesture may need some talking into before you actually do it, but at least you made the right choice. Something recently happened that made me want to address this very issue. I try to make a general conscientious effort to open the door for people whether they are older or younger; male or female; it's just a nice thing to do. I try to greet people with a friendly smile and say hello or pay a little closer attention to someone who may seem to be having a day where they kind of need a friend or maybe for just one good thing to happen and, sometimes, for no reason at all. I must admit I am very proud when I do those things effortlessly. I am proud when I do it even if I had to talk myself into it. I am proud that I am ashamed when I do not. Recently, on the way home from work, my youngest child was in extra-hyped mode. With this said, it's not a normal-hyped mode. She has a condition that she cannot control. It is hyperactivity disorder. With this condition, things need to be done a little differently with her in order to manage the impulsiveness. There are nights where my child may sleep only two or three hours. She is on top of the world as soon as she wakes and does not stop at a reasonable hour. This can be quite exhausting depending on the day and you never know when that will occur. Then it happened and I want to say thanks, Jane! I had to stop off at one of the stores in Elm Grove on my way home that night. The store was packed and people were lined up at the register. My child was running from aisle to aisle, grabbing things, and being overly loud. I broke out into a sweat as I tried to get everything accomplished that I needed while being respectful to the other patrons and trying to keep a close eye on my child and get her to calm down. It was finally my turn at the register. Now, I know Jane had to be frustrated. I mean, after all, my child was grabbing at things and being loud while Jane hurriedly tried to process the other customers in a timely fashion, but as I came to the check-out, she calmly placed both her hands on the counter and said, "So, how's your day?" I was floored. You mean she wasn't going to give me the evil eye or short-tempered voice because of the 20-minute disruption that just took place in the store due to my presence with my child? I stopped right there and said, "I am just in shock that you asked me how my day was! Thank you! You don't know what that means." Jane told me her father had Alzheimer's and it helped her to be tolerant and understanding in a situation like this. I felt at ease, relaxed and welcomed into that store. Those little words made such a difference. The story doesn't end there. When I arrived at home, I explained to my husband the frustration I had felt with what had occurred and then what the clerk had said, and how I was so shocked because you just don't see enough of that anymore. I was so grateful for her kindness that meant so much to me in that moment. About an hour later, my husband and I went for our nightly jog. Just as we had begun, my husband said, "We need to stop and push." I looked over and a young mother had run out of gas. Without hesitation, we pushed her car to safely get her out of harm's way. We jogged back to our home where my husband retrieved a can of gasoline and we put what we had in this young gal's tank so she could get to where she needed to be. Then we were on our way. This girl was so grateful and shocked that we changed our path to help her, which to us was a natural thing to do. All I kept thinking on that jog was how lucky I was to have a husband that immediately jumped in to lend a hand and what kindly gestures can do for someone. I guess if we all turn up the heat a little on our efforts those kindly gestures could make a really big difference. You never know, it may be a difference that changes someone's circumstances forever. --Best wishes, with a smile. A kindly gesture can go a long way. Making kindly gestures a part of your everyday behavior is ideal, but realistically it doesn't always happen. Sometimes, just sometimes, that kindly gesture may need some talking into before you actually do it, but at least you made the right choice. Something recently happened that made me want to address this very issue. I try to make a general conscientious effort to open the door for people whether they are older or younger; male or female; it's just a nice thing to do. I try to greet people with a friendly smile and say hello or pay a little closer attention to someone who may seem to be having a day where they kind of need a friend or maybe for just one good thing to happen and, sometimes, for no reason at all. I must admit I am very proud when I do those things effortlessly. I am proud when I do it even if I had to talk myself into it. I am proud that I am ashamed when I do not.
Blog, Blog, Blog!
I must live a terribly boring life. I cannot think of anything to blog about that think people would be interested in. I have reviewed my life in my mind - let's see - Monday through Thursday (my new work week!) I am at work. Friday and Saturday, I am at home. Oh, wait! Friday and Saturday during spring, summer and into the fall, I am hitting up garage sales. This is an activity that my husband also enjoys, so we garage sale (or go "garaging") and then sometimes go to breakfast. I love to dig through other people's "stuff" and sometimes I am rewarded with a really great find! I "do" the Awana Christmas Store at my Church (First Baptist of Wheeling), so I need lots and lots of good, clean "stuff" for ages nursery through 12 th. I have found that grandmas get Christmas gifts they can't use, since by the time they get to that age, they have everything. This is good for me! They keep the gift in its original box, and VOILA! I purchase it for a great price in their garage sale. So, not only do I have great items for the store, I get the items at a great price. OK, back to my boring life. On Tuesday nights, the end of August through the middle of April, I can be found at St. Clair Lanes, pretending to bowl. I am the League secretary, so I blame my beginning of the year bad bowling on all the interruptions I get while trying to bowl. This next week I will have to put my money (or my ball), where my mouth is, since things will have settled down and the interruptions will be at a minimum. I am the organist at First Baptist of Wheeling and Saturday evenings you can find me there practicing for the Sunday morning service. I love to play and enjoy practicing. The music team at FBC is great and we enjoy each other and what we do. I also have another weakness - I love the Mall!! I admit it. I have many friends who work there, people who have become my friends because I love to go to the mall. I don't understand people who say there is nothing at the Ohio Valley Mall for them. I shop in almost all the stores, except children's and young teens. And the mall is a safe and comfortable place to walk. In reviewing my rather boring, mundane life, I find I actually like it. Because right now, boring is good. My husband has been ill a good bit this past summer, in and out of the hospital, and I didn't have time to be bored - just stressed and anxious. I'll take boring any day! So in taking time to write this blog and in reviewing my life, I would say I am one blessed woman. I have a great husband, many good friends, a wonderful Church family and a job I love. How great is that? I must live a terribly boring life. I cannot think of anything to blog about that think people would be interested in. I have reviewed my life in my mind - let's see - Monday through Thursday (my new work week!) I am at work. Friday and Saturday, I am at home. Oh, wait! Friday and Saturday during spring, summer and into the fall, I am hitting up garage sales.
Should I Be Receiving Overtime?
Overtime laws in West Virginia are designed to prevent workers (particularly those in blue-collar industries) from being exploited by their employers. West Virginia, like most states, has closely based its overtime laws on the Fair Labor Standards Act (FLSA), which is administered by the U.S. Department of Labor. The FLSA qualifies certain types of workers for overtime pay for all hours worked over 40 in a single week. If your work involves manual labor (such as factory worker, trade worker, attendant, cashier, etc.) you are typically entitled to overtime pay. Certain categories of workers are offered specific protection under the FLSA, including first-responders, such as police, paramedics, and firefighters, along with practical nurses and paralegals, who have historically been exploited and endured long hours of work. Still out of an estimated 120 million workers in America, almost 50 million are exempt from overtime laws. Most executives, administrators, and other professionals do not have to be paid overtime under both federal and West Virginia law. External salespeople and certain types of workers such as: computer-related workers, seasonal workers, transportation workers, agricultural and farm workers, and live-in employees, such as housekeepers, are also exempted from WV overtime requirements. Independent contractors, who are not considered employees, are also exempt from paying overtime. A series of tests are employed to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. Those who qualify must be paid one-and-a-half times their regular hourly rate ("time-and-a-half") for every hour over 40 per workweek (7 fixed days) they work. Generally, there is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends or holidays, unless overtime hours occur on such days. If your employer has failed to pay you the proper overtime wages that you deserve, you may be eligible to receive back wages and other compensation. Furthermore, existing regulations prohibit employers from penalizing workers who file an overtime complaint. Some companies will go to great lengths to avoid paying their employees the overtime pay that they deserve. Companies will often resort to classifying employees as independent contractors or improperly categorizing them as executives in order to avoid overtime. If you find yourself in this situation or need help determining whether you have a right to overtime, please give us a call.