Personal trainers everywhere work hard to provide many of us with the best services as possible. They deserve every penny of their paychecks and maybe even some pay for putting in overtime. Unfortunately, recently there has been an alarming number of personal trainer lawsuits because the trainers claim they were not properly paid wages or overtime they are entitled to under the Fair Labor Standards Act. If you or someone you care about has been denied proper wages and overtime pay because of being  misclassified or other unethical business practice, you need to speak to a wage and overtime pay lawyer with The Higgins Firm. We know you work hard for your paycheck and we will do everything we can to make sure that you are compensation for all the hours you have worked.

In this particular case, several personal trainers that worked at Gold’s Texas, a franchisee group of Gold’s Gym International, claim that they were misclassified as exempt from the Fair Labor Standards Act or FLSA.  The issue is whether payments received by the trainers constituted commission under 29 U.S.C. 207(i), a provision in the FLSA. Gold’s Texas denied it violated any provisions of the FLSA in an answer filed to the complaint in February 2014.

The class action lawsuit is seeking a jury trial to award actual and liquidated damages for the unpaid overtime wages under the Fair Labor Standards Act, liquidated damages as provided by the FLSA,reasonable attorney’s fees under the FLSA, pre-judgment and post-judgment interest as provided by law, all costs of court and any other entitled relief.

Nashville Attorneys, The Higgins Firm, are closely looking into Abilify lawsuits and claims which have raised concern amongst professionals after a number of people were said to have developed a gambling disorder, diabetes or other potentially harmful uncontrollable urges while taking the drug. These urges, the Abilify lawyers go on to say, appeared to have ceased once the medication was discontinued. Continue Reading

When we all go to work each day and work hard for our money, we expect that the companies we work for will pay us the proper wages that we earned. We also expect that if we see something wrong with a companies’ practices and report it that we will not be retaliated against for doing the right thing. Unfortunately, many companies do not pay employees what they are owed or engage in practices that are illegal so they can make more money.   If you or someone you know has been terminated for blowing the whistle on a business or if you have not received wages that you worked for, you should speak to an employment and wage lawyer at The Higgins Firm. We will listen to your claims and see to it that you get compensation that is rightfully yours for the hours you have worked.

According to this lawsuit two former personal trainers of the fitness club chain,  Lifetime Fitness, Jared Steger and David Ramsey, claim that their former employer has become one of America’s fastest growing fitness chains by deliberately and intentionally underpaying and deceiving its employees in a predatory manner which leads to excessively high turnover rate and widespread dissatisfaction with working conditions.  The lawsuit was filed against Lifetime Fitness after the two personal trainers were terminated. According to their complaint, the reason that was stated for Steger’s termination was because of his failure to turn in an “inventory count” on time, and Ramsey was allegedly fired for “discussing a co-worker’s employment status” the following day.     However, Steger and Ramsey,  assert management at the Lifetime Fitness club, fired them in retaliation for trying to notify them of the problems stemming from the handling of client payments and memberships. They claim that their terminations represent a violation of Whistle-blower laws that forbid employers from firing workers who refuse to engage in what they believe to be illegal activities. The trainers allege they were pressured to take part in credit fraud and deception.

The suit notes Steger, in April 2013 following repeated attempts to persuade his manager to stop the alleged practice and refund clients’ and former clients’ money, notified Lifetime Fitness management that “multiple clients” had been double-billed and electronic funds transfers had been altered so money could be drafted from clients’ credit cards and bank accounts without authorization. The lawsuit is also seeking compensation for unpaid wages and overtime because  Steger and Ramsey claim they were each owed more than $80,000 in unpaid back wages, including unpaid regular wages and overtime, for work they performed for Lifetime Fitness.  They allege the company has a policy of requiring personal trainers to perform unpaid work before and after supervising workouts with clients, and to meet with clients and management off the clock. They claim trainers often would work 70 to 90 hours a week, but not be paid for the majority of those hours. Trainers were also pressured by management to not clock in at certain times to avoid “taking pay away from managers” under a draw system. Steger and Ramsey accuse Lifetime Fitness of violating labor and wage laws, as well as the state’s Whistle-blower statue, and retaliatory discharge.  Since these actions potentially involved other personal trainers who worked for Lifetime Fitness, the trainers are asking the court to let them notify other potential plaintiffs and allow the suit to proceed as a class action.

In this case, Andrew Yount grew breasts after taking Risperdal since he was five. He was awarded 70 million in damages for physical disfigurement and emotional distress by a jury in Philadelphia. The award is 28 times greater than the highest jury verdict previously decided against Janssen, a Johnson & Johnson subsidiary, in Philadelphia-based Risperdal litigation. That former highest verdict award was $2.5 million.

Austin Pledger, who was prescribed Risperdal in 2002 as a teenager for treatment of mood swings related to his autism, developed size 46 DD breasts, allegedly as a result of taking the drug.

Like Yount, Pledger asserted Janssen did not disclose or properly warn of such side effects before he was prescribed Risperdal. A Philadelphia jury awarded Pledger $2.5 million in February of last year. Only one case thus far, featuring Pennsylvania plaintiff William Cirba, has ended with a ruling in Janssen’s favor.

We have all heard about the Tough Mudder events.  They are fun, challenging and popular.  Unfortunately, they can also be risky.  In this case, 28-year-old Avishek Sengupta drowned at the Tough Mudder Mid-Atlantic event on March 20, 2013 in West Virginia and the wrongful death lawsuit claimed that Tough Mudder and Airsquid Ventures, whose subsidiary was responsible for aquatic safety at the event, among others,with gross negligence for their conduct at the “Walk the Plank” water obstacle. The complaint alleges that overcrowding made it impossible for rescue and safety personnel to monitor the pool and that Tough Mudder removed safety features to speed up crowd flow.

Before this event took place, Tough Mudder had received several complaints on social media about  long waiting times at many of its obstacles. In response to complaints of long wait times at Walk-the-Plank, Tough Mudder took steps to decrease wait times and increase the flow of participants through the Obstacle. This led Tough Mulder to decrease if not completely abandon their safety measures.

Avishek Sengupta and his “Walk the Plank” teammates experienced a traffic jam of other people while they wanted for their turn to plunge. They had to slowly make their way with hundreds of  other participants toward a near vertical wall of two-by-sixes that rose to a platform 15 feet above a man-made pool of muddy water that was roughly 40 feet wide and 15 feet deep. When they reached the top, they would have to leap in and swim to the other side, only  Sengupta didn’t resurface after he went into the water. He was underwater and sinking to the bottom, passing out at some point, for reasons that are still unknown. When he was  seen on the surface, at least eight and a half minutes after he’d jumped, he would be unconscious and in the arms of a rescue diver.

By now, many people have probably heard about how actor Anton Yelchin recently died when his vehicle rolled away and caused him to be pinned in between his car and a brick pillar. His vehicle which was a 2015 Jeep Grand Cherokee is just one of many vehicles that may be involved in a recall by Chrysler for a shifter defect that may have caused this unfortunate and devastating accident. If you or someone you love has been injured or died in an accident that may have been linked to this shifter defect, you need to speak to a vehicle defect and automobile accident lawyer with The Higgins Firm right away. We will listen to your case and make sure you get the compensation you need for what you have been through.

The Chrysler shifter defect is just one of many examples of the dangers presented by the hazardous combination of rapidly evolving automotive technology and a recall system that is inadequate to address safety defects and protect the public. The problem involves the transmission shifters which allow vehicles to roll away even after a driver believes he has put the vehicle in park. Chrysler has had problems with vehicle rollaways in other vehicles for years, usually as the result of the mechanical design of its transmissions. The specifics are unknown but this problem is likely related to a new shifter that shifts the transmission electronically.

This particular defect has been linked to certain Dodge Chargers, Sedans and Jeep Cherokees manufactured between 2012 and 2015 and has been under investigation by the NHTSA for two years. There have been over two hundred reported crashes according to the NHTSA database and at least forty people injured,  Despite these numbers and the length of time this problem has been under investigation, there was no recall announced until April. Even today, it appears that most people who own these cars have not even received recall notices, much less been given the opportunity to have the shifter fixed.

New legislation has been introduced in congress to amend the Fair Labor Standards Act, the act which guarantees workers a minimum wage and overtime payment. The amendment seeks to make an exception for minor league baseball players. The MLB as well as the MiLB (the governing association for minor league baseball in America) have had their PR machines hard at work to convince everyone that this legislation is needed.

The MiLB website claims:

“The legislation would amend the federal Fair Labor Standards Act (FLSA) to clarify that Minor League Baseball players are not subject to a law that was intended to protect workers in traditional hourly-rate jobs. A pending lawsuit in a California federal court makes a first-of-its-kind claim that the federal overtime laws should apply to Minor League Baseball players.

When we take our families to amusement parks and themed parks like Disney, we expect that the experience will not only be fun and enjoyable but also safe for the ones we love. However, the incident with the incident involving a toddler and an alligator ended in tragedy and may have been preventable.  So now what will Disney do?  What legal rights does this family have to get answers for their horrible loss?

According to reports, the toddler was wading in the shallows of the Seven Seas Lagoon at Disney’s Grand Floridian Resort and Spa around 9:00 p.m. on Tuesday when an alligator grabbed him and pulled him under the water. His father, Matt Graves, rushed into the water and sustained lacerations on his hand in an attempt to fight off the alligator. He then summoned a lifeguard from a nearby pool, who was also unable to rescue the boy. After a 16-hour search, the boy’s deceased body was discovered fully intact – just 15 yards from where he was taken.

Disney, like any hotel operator has a duty to keep their guest safe.  A duty to warn the guest of any known dangers.  We all feel that places like Disney are so secure it is very understandable how a family from outside the area would be oblivious to the dangers lurking in that lake. It appears there were signs that read “no swimming” posted in the area but no signage warning of alligators, a Disney spokesperson confirmed to PEOPLE. Orange County Sheriff, Jerry Demings say that, “The boy was splashing in about 6 inches to one foot of water at the time of the attack. I believe what this 2-year-old was doing was perhaps what any 2-year-old would be doing.”

It’s hard to believe, but some employers actually will discriminate or retaliate against their employees or applicants merely because they were or may be required to spend time away from work because of their service to our country through the reserves or other military service. Congress, fortunately has enacted laws which makes such discrimination or retaliation illegal. This law is known as The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).

Specifically the law states:

“A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”  38 U.S.C.S. § 4311

Most of us drive vehicles to and from work and to take our kids where they need to go each day. This means we need our vehicles to be safe and reliable for our loved ones and families. Unfortunately, sometimes vehicles have faulty parts such as tires, door locks, brakes, air bags and more. This is when we have to put our trust into companies and manufacturers to tell us when there is a recall on these items so that we can make sure our families stay as safe as possible. However, what happens when the system that issues recalls for things like defective tires also fails. Then we have a big problem because our safety is at risk.

Investigators from the National Transportation Safety Board and Dr. Rob Molloy, acting director of the NTSB’s Office of Highway Safety, “The federal recall system that is supposed to keep potentially dangerous car tires off the road is “completely broken.” The investigators said that while each year tire problems cause 33,000 accidents and kill 500-plus motorists, only one in five defective tires is being taken out of service via recalls. More than half of recalled tires remain in use.

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