LexMonitor | Prominent Topics and Discussion

Is Social Media Killing Blogs?

gwise@wiselaw.net (gwise@wiselaw.net) — Tue, 16 Feb 2010 17:14:18 GMT

Bottom line - it's faster and easier to tweet than to write.

Via Chris Crumm at Web Pro News, does Facebook provide a solution?

Is social media killing blogs?

No, but it's hard to say that use of sites like Facebook and Twitter (and now Google Buzz) don't lend to less blog posts being created. If nothing else, it’s simply a time issue. It is easy to push out a quick status update if you have something to say. It's easier than blogging. For longer-form content, blogs are generally the better option, which is one reason they are still alive and well. But if Facebook had a blog tab, the social network could cut into the Blogosphere even more, given its huge userbase, while establishing itself as a go-to place for blogging (another area in which Facebook could compete with Google, I might add. Don't forget that Google owns Blogger).

- Garry J. Wise, Toronto

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Defective Toyota Recall

Thu, 04 Mar 2010 15:54:28 GMT

Many car accidents have causes that are based on the driver’s negligence. For instance, a driver might run a red light or run a stop sign because he was sending a text message and wasn’t paying attention. Some accidents have causes that are environmental, like when someone is driving responsibly but the car hits a patch of black ice. Other accidents involve purely random occurrences, like when a driver swerves to avoid a pedestrian or animal that has darted out onto the road.

But lately there have been a slew of accidents in this country, with some of them being fatal, and the cause has nothing to do with the driver, or the environment, or carelessness on the part of pedestrians or animals. These car accidents are taking place because of the systemic malfunction of a large number of Toyota makes and models.

The numbers of failures in crucial systems such as brakes, acceleration and steering are unprecedented. There have certainly been automotive safety recalls, but as far as we can remember, there has never been an event where multiple models from one manufacturer have experienced multiple safety failures all at the same time. A recall normally involves one problem with a few models at most. In Toyota’s case, the problems involved practically their entire line of automobiles, from hybrids to sedans to pickup trucks to SUV’s.

So far, the models on the Toyota recall list include the following:

· 2009-2010 Rav4

· 2010 Highlander

· 2007-2010 Tundra

· 2008-2010 Sequoia

· 2009-2010 Corolla

· 2009-2010 Matrix

· 2005-2010 Avalon

· 2007-2010 Camry

· 2010 Prius

· 2010 Lexus HS250h

· 2009-2010 Pontiac Vibe

So considering that cars use one year ahead for their model years, these vehicular failures can go all the way back to 2004. That adds up to about six year’s worth of Toyotas malfunctioning on our roads in drastic and dangerous ways.

As we mentioned before, the problems aren’t cosmetic or something that can be brushed off. The first major recall involved floor mats that were jamming the accelerator pedal into the down position. Then there was a recall that involved accelerator pedals that were sticking even if there was no floor mat problem at all. Then in February there was a recall involving the braking system in the Prius model, which basically meant that there was a possibility of an accident no matter which pedal you happen to be stepping on.

These malfunctions have resulted in multiple serious injuries, and, unfortunately, more than a few traffic fatalities. The Los Angeles Times recently went through a series of accident reports and public records and found at least 54 instances of Toyota drivers who lost their lives due to vehicle malfunctions. Some of the more startling accidents include:

· An accident in Texas where a Toyota ran through a stop sign, hit a tree and landed upside down in a lake. Four people drowned in this accident, including the driver.

· A Toyota that sped across a street in Indiana, crashing into a jewelry store.

· A Toyota driven by a California restaurant owner that accelerated to speeds of 100 mph before it hit a telephone pole.

Most of these incidents were collected as complaints by the National Highway Traffic Safety Administration, which is a Federal agency dedicated to automotive safety. But in the case of these Toyota complaints, the NHTSA did nothing to actually verify if these complaints and reports were valid. They are only just now testing the car that used to belong to Rhonda and Eddie Smith, who testified before the House Energy and Commerce Committee about their unintended acceleration incident. And since the NHTSA actually sat down with Toyota and negotiated a smaller and less effective recall even as people were already being injured by their cars, it’s hard for us to believe that the NHTSA will take a proactive role in handling this.

Much has been made of the CEO of Toyota testifying and apologizing on the Hill in February, but we sincerely doubt that the apology means that Toyota will simply concede if someone who was injured due to a vehicle malfunction files a lawsuit. We expect Toyota to put up a vigorous legal defense for any legal action that is taken against them.

If you have been injured due to a defective Toyota, it is in your best interests to seek legal assistance as soon as possible. Having an attorney who understands the difference between fair compensation for you and convenient for Toyota is very important, particularly if your injury has prevented you from returning to work.

Greenberg and Bederman is a Washington, D.C. based injury accident law firm with decades of legal experience. Our lawyers have been handling both car accident cases and product liability cases, and the Toyota recalls often fall under both categories. Our main office is located in Silver Spring, but we can offer legal assistance for injury victims all over Virginia, Maryland, and Washington, D.C.

If you or a loved one has been injured because of a defective Toyota Recall, contact Greenberg and Bederman for a free legal consultation today.

Miami-Dade County Passes New Wage Theft Ordinance

Thu, 04 Mar 2010 18:13:46 GMT

By Teresa Maestrelli

The Miami-Dade Board of County Commissioners recently approved a Wage Theft Ordinance designed to make it easier for employees to take legal action against employers that fail to pay (or underpay) them. Under the new ordinance, the county will rely on a streamlined hearing examiner process to address complaints by employees.

The unanimous vote made Miami-Dade the first county in the nation to adopt a countywide wage theft law.[1] For nearly a year, members of the South Florida Wage Theft Task Force - a coalition of union, immigrant, faith, women’s and legal services organizations - worked with County Commissioner Natacha Seijas, the principal sponsor of the ordinance, to craft and introduce the ordinance.

The ordinance bars wage theft, and allows the county to use its police powers to intervene and help recover workers’ back pay. The ordinance specifically applies to private sector employees and employers in cases involving at least $60 (the “threshold amount”). Under the ordinance, wages include pay for daily, hourly, or piece work at a rate no less than the highest applicable rate established under federal, state, or local law.

Wage-Theft Violations:

An employer that fails to pay a portion of wages due to an employee, according to the wage rate applicable to that employee, within a “reasonable time” from the date on which the work was performed by the employee, shall be wage theft. The ordinance establishes a presumption that a “reasonable time” is no later than 14 calendar days from the date on which the work is performed. Employers may lengthen the period of time between the date work is performed and the date the employee is paid wages, for a period not to exceed 30 days, upon express written agreement signed by the employee.

Procedures for Wage-Theft Complaints:

An aggrieved employee may file a complaint with the county alleging a violation of the ordinance. The complaint must set forth the facts upon which it is based with sufficient specificity to identify the employer and for the county to determine both that an allegation of wage theft has been made, and that the threshold amount has been met. Upon determining that the complaint alleges wage theft, the county will then serve the complaint on the employer, which will have 20 days to file an answer.

Hearing Before Hearing Examiner:

Upon request by either party, a hearing will be held before a Hearing Examiner appointed by the county. In conducting any hearing to determine whether a violation of the ordinance has occurred, the Hearing Examiner will have the authority to administer oaths, issue subpoenas, compel the production of and receive evidence. The burden of proof by a preponderance of the evidence rests upon the complainant/employee.

Upon the conclusion of the hearing, an adjudicative final order will be issued and served upon the parties setting forth written findings of fact and conclusions of law.

Enforcement of Violations:

At the conclusion of the hearing and upon a finding of a wage violation, the employer will be ordered to pay wage restitution to the affected employee in an amount equal to three times the amount of back wages that the employer is found to have unlawfully failed to pay the employee. The county will further order the employer to pay the Board of County Commissioners an assessment of costs not to exceed actual administrative processing costs and costs of hearing. The new ordinance provides for additional penalties for failing to comply with the Hearing Examiner’s order.

As demonstrated above, the penalties for violation of the ordinance can be costly. Employers in Miami-Dade County need to be sure that they comply with the new ordinance by timely paying wages due to their employees. As stated, the new ordinance establishes a presumption that a reasonable time is no later than 14 calendar days from the date on which the work is performed, however, employers are free to modify that (for a period not to exceed 30 days) by an express written agreement signed by the employee.

[1] San Francisco has an ordinance similar to Miami-Dade’s, but it only covers the city. Los Angeles and New Orleans also are considering wage theft legislation.

2010 Medicare Fee Cuts Delayed - Again

Thu, 04 Mar 2010 18:21:36 GMT

On Tuesday night, President Obama signed into law the “Temporary Extension Act of 2010” - a bill extending various benefits to unemployed Americans. Physicians across the country can collectively breathe a sigh of relief as the new law includes a provision delaying implementation of the 2010 Medicare physician fee schedule which includes a 21% across the board cut in Medicare reimbursement to physicians.

Now for the bad news: the extension is for only 30 days (until April 1, 2010). So, unless Congress is able to pull off a minor miracle in the next three weeks or so, physicians will once again be hyperventilating over their Medicare reimbursement.