Slip-and-fall accident at Walmart leaves man dead

Many West Virginia residents, others around the country and the globe shop at the thousands of Walmart stores located worldwide. Customers who patronize these stores assume that they will have a safe shopping experience, while in the facility as well as in the areas outside. However, Walmart was recently sued by a family following a fatal slip-and-fall accident that occurred outside a store in another state.

In May 2018, a 67-year-old was in the auto service area of a Walmart store. As he exited his car, the man fell after he tripped on some damaged concrete. The  man reportedly suffered fractured ribs, a broken wrist and blood clots. The lawsuit also stated that he had multiple abrasions and contusions from the fall. According to documents, the man died a week later from injuries suffered in the fall.

2 women seriously injured in West Virginia car accident

There are many things that drivers may take for granted as they travel on West Virginia roadways. For example, some people overlook the fact that something as simple as obeying traffic lights can prevent a car accident with significant consequences. Unfortunately, two women were recently injured following a crash that allegedly occurred because of a driver who failed to obey traffic signals.

The incident happened at approximately 6 a.m. on a day in early October. According to reports, the 46-year-old male driver of a sports utility vehicle ran a red light, sideswiping a pickup truck driven by an 18-year-old male. The older driver is said to have run another red light, striking a vehicle driven by a 37-year-old woman.

Prevent your kids from getting BOOboos this Halloween

You may feel a little apprehensive the first time that your child asks to take on the spookiest night of the year without you. The most common age that kids go trick-or-treating without a parent is ten years old.

If your child is feeling brave enough to face Halloween “horrors” of the night with friends, cover these safety tips with them to ensure their night is terrifying — not terrible.

Help is available to address overtime and wage issues

With the volumes of oil and gas that society needs to function, the hazards that workers in the West Virginia oil and gas industry face every day are taken for granted. Their jobs are among those that are rated the most dangerous in the world. However, overtime and wage issues are prevalent. Does it not make sense then that they are adequately rewarded for the risks they take and the many hours they spend away from their families?

Under the Fair Labor Standards Act, a workweek is 40 hours, and any additional hours worked must be paid at one and one-half times the worker's standard rate of pay per hour. Sadly, many employers find ways to limit the wages they pay to hard-working men and women. Some employers steal work hours by excluding some compensable hours.

Motor vehicle accidents: 7 injured in 2-car crash

West Virginia roads and highways are traveled frequently, both by residents commuting to their daily activities as well as visitors who enjoy the miles and miles of scenic byways. However, with thousands of travelers on the roads each day, it is inevitable that motor vehicle accidents regularly occur. Unfortunately, some of these accidents result in serious injuries to those involved. A recent crash of two cars near Lashmeet caused injuries to seven people.

According to the West Virginia State Police, a 34-year-old man was driving south on a state route in his car. Instead of turning left into a driveway, he apparently drove into the path of a northbound traveler. The collision, which occurred in the early evening of Sept. 18, resulted in injuries to occupants of both vehicles.

Does your employer have to compensate you for travel time?

Many oil and gas workers and other employees here in West Virginia do a lot of driving in connection to their work. Are workers entitled to compensation for their travel time?

It depends on the specifics of the travel. There are federal rules in place regarding what does and does not count as work time for compensation and overtime purposes. Some types of travel time qualify as work time under these rules, while others do not.

What you need to know about West Virginia's nurse overtime act

If you are just starting out in the nursing practice, you’re probably finding how valuable your services can be — all day long! But, at the point your workload becomes overwhelming, it’s fair to wonder why you aren’t catching a break.

Because it’s so important that nurses are of sound body, mind and health while providing aid, West Virginia law has specific restrictions on the amount of overtime a nurse can work. Read on to learn if you are passing your quota.

1 facing numerous drug charges following search of home

When authorities receive information about the possible presence of drug activity in the area, they are generally obligated to initiate an investigation. Those who become involved in a similar incident may feel somewhat intimidated by the process, and they might be uncertain how to respond should they stand accused of wrongdoing. A recent investigation in West Virginia has left a 31-year-old woman facing multiple drug charges.

According to reports, the incident was part of a recent investigation into reports of drug activity at a local home. This investigation reportedly led to the search of a local residence, and during the search, authorities claim to have uncovered the presence of multiple packages containing unspecified amounts of methamphetamine. In addition, police allegedly located multiple items of drug paraphernalia, including digital scales.

1 facing drunk driving charges following alleged pursuit

A 21-year-old man has been arrested and accused of driving under the influence of alcohol after allegedly attempting to evade a traffic stop in West Virginia. Attempting to evade authorities is never advisable, and such a decision may only increase suspicions of the presence of wrongdoing. Individuals who stand accused of drunk driving under similar circumstances may wish to prepare for what comes next by focusing on their defense, but the process can be intimidating.

According to law enforcement agents, the incident took place after officers claimed to have encountered a vehicle traveling in the wrong lane of traffic. After allegedly witnessing the vehicle move in and out of the lane, police say they attempted to initiate a traffic stop. However, upon activating lights and sirens, they claim the driver began to lead them on a short pursuit.

6 Myths about Overtime Exemptions in the Oil and Gas Industry

Employees working in the oil and gas industry work high-risk jobs. These individuals deserve to be properly compensated, but history tends to repeat itself when it comes to underpayment. The U.S. Department of Labor investigates hundreds of cases yearly concerning oil and gas workers receiving inaccurate and/or unfair wages. Even more cases are brought as private lawsuits by workers who have been underpaid by their employers.

Employee misclassification is a tactic that oil and gas companies may use to avoid paying their workers overtime.  By classifying an employee as "exempt" or hiring them as an independent contractor, employers think (oftentimes wrongly) that they can contract around the wage and hour requirements of the Fair Labor Standards Act (FLSA), such as paying overtime.

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Law Office of P. Zachary Stewart
3169 Main Street
Suite A
Weirton, WV 26062

Phone: 304-914-3577
Fax: 304-212-7919
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