Cohen & Cohen

Wayne Cohen and Adam Leighton selected and named as two of Washington, DC’s Super Lawyers.

Wayne Cohen — Mon, 29 Apr 2013 20:41:43 +0000

Wayne Cohen and Adam Leighton were selected and named as two of Washington, DC’s Super Lawyers. Wayne Cohen was named as a Washington, DC Super Lawyer for his work with Personal Injury cases. Adam Leighton was named as a Washington, DC Super Lawyer for his work with Medical Malpractice cases.

The Fair Labor Standards Act: A Powerful Tool for Workers

Jamie — Tue, 23 Apr 2013 19:06:07 +0000

Washington DC Employment Laywers: Protecting Employees’ Rights

One of the most important legal protections for workers is the Fair Labor Standards Act. First enacted in 1938, the Fair Labor Standards Act (FLSA) places many requirements on employers. Two of the law’s main requirements are minimum wage and overtime:

- Federal Minimum Wage: $7.25 per hour effective July 24, 2009 (tipped employees may be paid $2.13 per hour; if an employee’s tips combined with cash wage does not equal the applicable minimum wage, the employer must make up the difference)

- Overtime after 40 hours in a week = 1 ½ times an employee’s regular rate of pay.

The FLSA applies to most private and public employers. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. The FLSA does not regulate: (1) vacation, holiday, severance, or sick pay; (2) meal or rest periods, holidays off, or vacations; (3) premium pay for weekend or holiday work; or (4) pay raises or fringe benefits.

Employers who know the law will sometimes try to get around the FLSA by complex wage practices. Some tactics include labeling certain income as a “per diem,” or artificially setting the amount of time a job takes and paying the employee a fixed amount for that job. Experienced Washington DC employment lawyers and labor attorneys can help sort through these tactics to determine the true nature of an employees’ compensation.

The FLSA also does not cover all employees. Whether the FLSA applies to a specific employee is an issue that often the subject of litigation. In order for the FLSA to apply, two conditions must be met. First, the employee must work for a “covered enterprise.” Second, the employee must be “non-exempt.” Both these terms have very specific legal meanings and are often the subject of dispute in litigation. It can take an experienced Washington DC employment lawyer to determine whether a specific employee is covered.

Covered Enterprise

There are two main characteristics that determine whether an employer is a “covered enterprise” under the FLSA. A “covered enterprise” is a business that is:

- Engaged in interstate commerce (workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for interstate commerce), and

- Has at least $500,000.00 annual gross volume of sales (or is a hospital).

The requirements for what employment constitutes a “covered enterprise” are complicated. A good Washington DC employment law attorney will be able to determine whether a business is covered.

Non-Exempt Employees

Even if a worker is employed by a “covered enterprise” that does establish that the FLSA applies. The employee must still prove that he or she is “non-exempt.”

The FLSA’s overtime and minimum wage requirements do not apply to exempt employees. When it passed the FLSA, Congress recognized the importance of allowing flexibility in the rules for certain types of businesses, and so it allowed certain exemptions to the law. Some of the most common exemptions are white collar workers, certain computer professionals, farm workers, and salesmen. The law lists many more specific exemptions, each with its own definitions and rules.

The most important thing to keep in mind regarding the exemptions is that an employee’s title is not what determines whether he or she is exempt. Just because a person’s title is “salesman” does not necessarily mean she will fall under the “salesman” exemption. Courts look to the true nature of the employee’s job, not his or her title, in order to determine whether the exemption applies.

Remedies under the FLSA

The reason the FLSA is such a powerful tool for workers is because of the remedies it gives. Any employer who violates the FLSA is liable to the employee for the full amount of their unpaid minimum wages, or unpaid overtime. In addition, the employee also receives the same amount of unpaid wages or overtime again. This is what is known as double recovery, and it is meant to provide a deterrent to employers. In addition, the FLSA requires the employer to pay reasonable attorneys’ fees and costs the employee incurred in bringing the lawsuit.

It is also a violation for an employer to fire an employee for making a claim under the FLSA.

Getting Started

In many cases, employers who violate the FLSA are counting on their employees either not knowing the law or being too afraid of losing their jobs to do anything about it, and in many cases they’re right. It can be difficult for employees to know whether the FLSA even applies to them.

If you think your employer may have violated the FLSA, the first thing you should do is contact an employment lawyer. There are important deadlines that must be met for an employee to bring a claim under the FLSA. Skilled labor attorneys serving Washington DC, like those at Cohen & Cohen know what is required to bring a successful FLSA lawsuit. Call (202) 955-4529 to speak to an attorney today.

How Much Money Is My Case Worth? / What’s The Value Of My Case?

Wayne Cohen — Fri, 19 Apr 2013 09:37:28 +0000

Wayne Cohen, Cohen & Cohen, P.C., realizes that oftentimes, people who use the legal system have no understanding as to the value of their case. Is it a big case, is it a small case, or is it something in between. The reality is that juries value cases differently. In a nutshell, there are a few key factors that Wayne Cohen and the personal injury attorneys at Cohen and Cohen look at. First, how did the injury or accident happen? Whose fault was it? Second, how much medical treatment was needed? Did the injured victim go to the hospital? Was there surgery that was required? And third, what are the economic damages? Things like medical bills and lost wages.

If you are unsure as to the value of your case, and your case is in Maryland or the District of Columbia, contact Wayne Cohen at Cohen & Cohen, P.C.

Cohen and Cohen’s founder and managing partner, Wayne Cohen, is often asked, “What is a contingency case?” “What does that mean?”

Wayne Cohen — Thu, 18 Apr 2013 09:46:57 +0000

Cohen and Cohen‘s founder and managing partner, Wayne Cohen, is often asked, “What is a contingency case?” ”What does that mean?” Well, it’s pretty simple. What a contingency fee means is that there is no fee paid to the lawyer unless the client wins the case. That’s right, there’s no legal fee at all unless the client wins. According to Cohen & Cohen, P.C. and Wayne Cohen, most injury cases are handled this way. Automobile accidents, medical mistakes, and even product defect cases. Some other cases, such as breech of contract are also handled this way. Injured victims have a lot to deal with. They have medical bills, they often times can’t work and getting access to the court system is very important. Cohen and Cohen is there to help the victim navigate through this complicated maze. Contingency fee arrangements make this much easier. If you have been injured in Washington, D.C. or Maryland, call Wayne Cohen at Cohen & Cohen, P.C. today!

Cohen and Cohen‘s founder and managing partner, Wayne Cohen, is frequently asked by injured victims, “Do I have a case?”

Wayne Cohen — Wed, 17 Apr 2013 18:29:47 +0000

Cohen and Cohen‘s founder and managing partner, Wayne Cohen, is frequently asked by injured victims, “Do I have a case?” Of course, that’s a legitimate question. It’s not that anyone’s trying to get over on the system or get something that they’re not entitled to. They just want to know, “Do I have a case?” According to Cohen & Cohen, P.C. and Wayne Cohen, in order to win a case of negligence in Washington, D.C., three things must be present. One, there has to be a mistake. It doesn’t matter whether someone is riding on the road, or a physician’s error, or a product defect. There’s got to some sort of mistake. Second, there has to be an injury. The injury can be a broken bone, it can be a cut or it can be a bruise. Third, the mistake itself must have caused the injury. For example, if someone is in a car accident, the accident must have caused the injury. If you want to know whether you have a case in Washington, D.C. or Maryland, call Wayne Cohen at Cohen and Cohen, P.C. today!

Cohen and Cohen asks: Do You Understand Your Auto Policy? by Wayne Cohen

Wayne Cohen — Fri, 12 Apr 2013 16:46:47 +0000

Cohen & Cohen realizes that understanding your car insurance policy can be difficult. As a result, people often end up with policies that do not provide the right protection. Here is some basic information which you may not know. First, it is critical that you contain the right amount of coverage. Wayne Cohen, the founder and managing partner of Cohen and Cohen, P.C.,suggestion is that you carry the maximum amount of “liability” coverage. This will protect you in case you happen to cause an accident. Second, make sure that you have “uninsured motorists protection.” This insurance provides protection if you are struck by a driver who does not have insurance, or by a hit and run driver. Most states require that your insurance company provide you with this protection. Third, a good insurance policy will also contain “under insured motorists protection.” This type of insurance provides protection if you are struck by a driver who has only limited insurance. For example, if you suffer a serious injury by a driver who has only a $25,000 policy, but you have a $300,000 policy, you are eligible for $25,000 from the other driver and $275,000 from your policy (i.e., this equals $300,000). Fourth, “personal injury protection benefits” coverage (PIP) provides protection for medical bills and, sometimes, a portion of your wages, even if you are at fault in an accident. In some jurisdictions such as District of Columbia there are limitations on whether a person can make a PIP claim and pursue a claim for compensation. Fifth, many companies offer “gap coverage.” This type of policy provides protection on your financed vehicle. Essentially, if you financed $20,000 on your car and have an accident, but the value of the car at the time of the accident is only $18,000, “gap” coverage may apply and help make sure you are whole. Sixth, it is imperative that you carry collision coverage. Collision coverage provides protection when your car is damaged. Keep in mind that having collision coverage in the amount of $250 as opposed to $500 or $1000 may increase the amount of your insurance, especially if you are not inclined to make a damage claim for an amount which is less than $1000. You may want to get different quotes from your broker. The attorneys at Cohen & Cohen, P.C. can help you pick the right one!

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Insurance coverage is a complex matter, and varies greatly from state to state. If you would like more information on whether you have an appropriate policy, feel free to contact Wayne Cohen at Cohen and Cohen or any one of our lawyers one of our lawyers will review your policy free of charge.

Cohen and Cohen Explains What “Full Coverage” Really Means?

Wayne Cohen — Thu, 28 Mar 2013 15:31:19 +0000

Cohen and Cohen, P.C. often hears people say that they have “full” coverage, without truly understanding what that means. Having insurance coverage is very important if you are in an automobile accident or collision. Full coverage means that you have liability and collision coverage, and possible medical pay coverage. First, liability coverage means you are protected if you cause an accident, and the person you injured decides to sue you. It is important to have a very high liability limit. Second, collision coverage means that your automobile is protected. For example, if you cause an accident and your car is badly damaged, your collision coverage will help ensure that you either get a new vehicle or get your vehicle repaired. Third, medical pay coverage will help you get your medical bills paid for.

If you want to make sure you truly have “full” coverage on your automobile policy, have Cohen & Cohen review your policy. At Cohen & Cohen, P.C., our personal injury lawyers in Washington DC, Maryland, and Virginia, will review your automobile policy for free! Contact us today.

Cohen and Cohen explains what is Medical Negligence or Medical Malpractice?

Wayne Cohen — Mon, 11 Mar 2013 20:30:54 +0000

Cohen and Cohen, P.C. explains that medical malpractice or medical negligence occur when a doctor makes a mistake, and when that mistake causes an injury. Thankfully, medical mistakes do not occur frequently. Most physicians practice excellent medical care most of the time. However, like everyone else, physicians occasionally do make mistakes. When those mistakes cause injury to another person, this could result in a medical malpractice or medical negligence claim.

Generally, in order to prove a medical malpractice case, a plaintiff must hire another physician to serve as an expert witness. The expert witness will come into court and testify that the defendant physician departed from what is known as the applicable “standard of care.” The jury must decide whether the mistake was the cause of the plaintiff’s injury.

Each state has its own particular laws on what is necessary to prove a medical negligence or a medical malpractice case. The law firm of Cohen & Cohen handles medical malpractice and medical negligence cases in Maryland, the District of Columbia, and Virginia. If you would like a free consultation about your medical malpractice or medical negligence case, you should contact the law firm of Cohen and Cohen today.

Cohen and Cohen: Are Lost Wages Taxable Currently?

Wayne Cohen — Thu, 07 Mar 2013 15:45:40 +0000

Cohen & Cohen, P.C. knows that the question are lost wages taxable always arises. When a victim of a negligence case prevails in a settlement or in a trial, sometimes that victim is awarded compensation for wages that were lost. If the person had been working and received the money, then certainly that income would be taxable. However, if the award is made as a result of an injury, the law generally provides that money for lost wages is not taxable. Of course, you should check with your accountant and legal advisors to determine what the law is in your state.

If you are in need of a personal injury lawyer in Washington DC, Maryland, or Virginia, you should call our office for a free consultation today. The law firm of Cohen and Cohen has been called one of the best personal injury law firms in Washington DC, Maryland, and Virginia. The law firm’s managing partner, Wayne Cohen, handles all different types of personal injury cases, including car accidents, medical mistakes, and product defects.

Cohen and Cohen Lists the 3 Important Things To Do Immediately After A Car Accident!

Wayne Cohen — Fri, 01 Mar 2013 10:57:37 +0000

Cohen & Cohen, P.C. wants you to know that if you have had a car accident in Maryland, the District of Columbia, or Virginia, there are 3 things you should consider doing immediately. First, make sure to get the other driver’s information. This includes the driver’s license, and insurance. You can write the information down, and if you have a phone with a camera, take a picture of the license and insurance card. Second, definitely get pictures of the vehicles. This means taking pictures of the damage on both vehicles. Third, consult with a lawyer before speaking to either insurance company – your’s or the other driver’s. Understanding the law will help you immensely when you’ve had an accident.

The law firm of Cohen & Cohen, P.C. has offices in Maryland, Virginia, and the District of Columbia. Cohen and Cohen represents people who have been injured by a medical mistake, wrongful death, birth injury, product defect, automobile collision and slip and fall. Cohen & Cohen, P.C. also offers a free consultation. So, if you have a question, you can get more information about the firm at www.CohenandCohen.net