Wondering how you can support your loved one who has been given a cancer diagnosis too late? This article should provide some tips…

A diagnosis in cancer can be devastating, for both the person affected and their family and friends. What can be even more devastating is if the cancer was detected later, as this can mean it’s at a more advanced stage and may be trickier to recover from, if at all.

Seeking compensation for delayed cancer diagnosis is one avenue that victims may take. This can help with funding the increased medical bills, surgeries and consultations, as well as any emotional and physical turmoil that may ensure afterwards.

That said, the emotional side of it all is something that may be difficult to recover from. That’s why supporting your loved one who has been dealt this blow is something you’ll want to do. However, it won’t be easy, with your own emotions standing in the way, so here are some tips to help you support your loved one…

1.   Consider a Practical Approach

Many people lead with their hearts, and perhaps you’re one of these people; someone who leads with their emotions first. Your first instinct may be to crumble, but the reality is that your loved one is the one who will be affected by this most.

They will be dealing with their own emotions. So, it’s time for you to put your practical shoes on, and lead with logic and compassion, being a rock for them in this difficult time.

To do this, try and keep your emotions in check when you’re around this person. If they have limited time left due to their late diagnosis, they may wish to spend this time enjoying things. Try and be the person they can depend on to give them this gift.

2.   Take Care of Yourself

The above tip may sound like a cold way of dealing with things, but it’s important to note that we’re not suggesting you don’t show any emotions at all.

This is no doubt going to be an emotional time for you too. It may just be better to exhibit these emotions behind closed doors, or lean on your other loved ones for your own support, rather than relying on the person most affected.

Some ideas to take care of yourself behind closed doors, so you can be a rock for your loved one, could include:

• Leaning on a partner, friend, sibling, parent, or other loved one.
• Going to a support group.
• Practicing selfcare, like going on walks, exercising, and enjoying hot baths.
• Researching the topic so that you can get a sense of what you’re tackling, and go in with your eyes open.

3.   Say the Right Things

You’ll never really know what the right things to say are. But, there are some helpful lists out there of things to avoid saying, and things that are better to say.

Some phrases to avoid can include “don’t worry”, “I know how you feel”, “I’m sure you’ll be fine”, or anything else that diminishes the situation. It may also be best not to ask the person how long they have left.

Instead, some phrases to say could include “I’m here if you need to talk”, “I’m sorry this happened to you”, “what are you thinking of doing?”, “I care about you”, or “how can I help?” These phrases are much more helpful and heartfelt, and show you are there for them.

4.   Ask the Doctors the Right Questions

When you’ve been given this news, you’ll no doubt have many questions swimming around your head. It may be tricky to sift through them all.

Cancer.gov have provided a list of some questions you should consider asking the doctors, so you have the best sense of what’s next. Here are some of these questions, so you can get all the information you need:

• What’s the best we can hope for by trying another treatment?
• Is this treatment meant to ease side effects or slow the spread of cancer?
• Is there a chance that a new treatment will be found while we try the old one?
• What are the possible side effects and other downsides of the treatment?
• Are the possible rewards bigger than the possible drawbacks?

Work together with your loved one to ask these questions and decide what the best next steps are.

5.   Listen to Your Loved One

It’s only natural that you’ll want to start researching the condition, as well as any doctors and specialists who may be able to help. However, some people may be content with their diagnosis, and happy to go with the options they already have. What’s more, people have different ways of dealing with things.

It’s really important that you listen to your loved one during this time, and don’t push them into doing anything they aren’t willing to do. This cancer will be something that’s out of their control, so ensuring they still have control over their next steps is crucial. It’s also important that you listen to them when you can so that, if there comes a time where they aren’t able to make a decision themselves, you can do what they would have wanted.

Of course, you can be a guiding hand, giving them tools and ideas, but don’t push them into anything, or make them feel guilty for not doing something you wish them to. Unless they have specifically said that they’d like you to make all the decisions, be sure to honour this request.

6.   Provide Practical Help

Whilst being an emotional rock has its benefits, you can also be a practical rock too, providing physical aid where required. For example, buying groceries, taking them to appointments, cooking dinner, helping with household chores, and babysitting children can all help massively.

7.   Have Fun

Yes, this will be a difficult time for you, but don’t forget about having fun, whether that’s by yourself or with your loved one. Don’t always live with what’s coming ahead in mind, but consider the now – make plans, enjoy good food, gatherings, and quality time together, thinking about what your loved one enjoys most.

A Cancer Diagnosis Won’t Be Easy…

There’s no denying that this will be a very difficult time for you, but it’s naturally doing to be much more difficult for your loved one. During this time, you should aim to be a pillar of support for them, without letting your own feelings outshine how they’re doing.

You should also find ways to take care of them, be it through practical help or organizing fun activities they might enjoy. Life will go on, despite this diagnosis, so it’s important to live in the moment and not on what may be round the corner.

If you or your loved one is seeking support, there are plenty of avenues for this out there. Macmillan Cancer Support can provide some more information.

Wondering how a traumatic birth may affect a person, both physically and mentally? We’ll explore this in this article, and discuss when you should make a claim.

Childbirth is often seen as something magical, with parents instantly connecting with their children. However, this is far from the reality, as nearly one in two mothers report experiencing trauma during their birthing experience.

Birth trauma can occur to the baby, the mother, or both. It can consist of the baby becoming physically or mentally damaged in some way, or the mother being harmed internally or externally. Either way, it could lead to long-lasting medical conditions to the infant and/or the mother, be it pelvic injuries, brain damage, and so forth.

Not every traumatic birth is the fault of the medical professionals, but it can be a case of medical negligence. This is where seeking compensation through, for example, a no win no fee medical negligence claim, may be necessary. In this article, we’ll discuss the physical and mental ramifications of a traumatic birth, and when it is worth seeking compensation.

The Physical Impact of a Traumatic Birth

Birth trauma will no doubt involve a number of physical ramifications for both the child and the mother. For the child, Child Birth Injuries has a comprehensive list of the injuries that may occur to a baby from a traumatic birth.

For the mother, some physical injuries may include vaginal or anal tears and pelvic injuries. These can cause lasting damage to the mother. What’s more, the psychological issues described below may also manifest themselves physically in the mother’s body long after the fact.

The Mental Impact of a Traumatic Birth

A traumatic birth may initially make you think of the physical impacts above. However, what can be more long-term is the mental trauma that can ensue post-traumatic birth. Some common mental side effects may include:

Post-Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder is a very common side effect from traumatic births. This occurs when something happens to a person that has a huge impact on their life and is hard to process.

In the case of a traumatic birth, the mother may have been through a life-threatening situation, where the future was very uncertain. They may have been in hospital for a very long time, and the mental scars of this can take a long time to heal.

The mother may experience intense feelings, as though they are experiencing the trauma again. They may also feel numb and have trouble sleeping. Vivid nightmares and anxiety can also ensue, and many places and situations may be mentally linked to the trauma, causing panic attacks.

Postnatal Depression (PND)

More specifically, postnatal depression is also a side effect of a traumatic birth. PND is a type of depression that starts after having a baby.

It is normal for mothers to feel down after giving birth, as the hormones can cause a shift in mental state. What’s more, being a new parent is a huge adjustment, causing loss of sleep and a change in routine. This is known as the ‘baby blues’, and 80% of mothers may experience this.

However, PND has a much greater mental impact and can last a lot longer. Around one in between seven and 10 mothers may go on to experience PND, which can emerge even 12 months after having the baby.

Partners may also experience PND. Some symptoms may include:

• Low self esteem
• Panic attacks
• Trouble sleeping
• Depression
• Negative thoughts
• Tearfulness
• Loss of interest in usual activities
• Loss of appetite
• Low libido
• Inability to cope
• Feeling worthless or that life is meaningless

Lack of Emotional Connection to the Baby

One common side effect from a traumatic birth is the inability to connect with the baby. This could be for a number of reasons, whether it’s the postnatal depression or the imbalance in hormones. For many, it’s down the fact that the child may take the mother back to the traumatic times of giving birth, and any frightening or unhappy memories that come with it.

It’s important that mothers understand that this is completely normal. Although we’re often taught to believe that the mother-child connection will be immediate, this isn’t the case for many people, especially those in these traumatic situations. Be sure to give it time.

When Should You Make a Claim?

Although not always the case, sometimes birth trauma can be caused by medical negligence or malpractice. According to the Cerebral Palsy Guide, this can occur when “doctors, nurses, or other health care professionals do not meet a high standard of care during delivery, leading to complications during birth.”

Some examples could include not medically intervening, not acting quickly enough in an emergency situation, or using excessive force.

In cases where this is apparent, parents can and should pursue legal compensation. This can help to bear some of the cost of any long-term medical treatment required for both the mother and child, as well as any ongoing mental support that may be required.

A Traumatic Birth Shouldn’t Be Ignored

As you can see, birth trauma can manifest in a number of ways, and can affect the children and parents both physically and mentally. It’s truly important that we break the stigma surrounding childbirth to understand that not everyone experiences a beautiful birth. Some people may experience life-long impacts.

Because of this, it’s important that parents know that, if something doesn’t feel right about how the situation was handled, a medical negligence case should be pursued.

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained medical professional. Be sure to consult a medical professional or healthcare provider if you’re seeking medical advice, diagnoses, or treatment. We are not liable for risks or issues associated with using or acting upon the information on this site.

Animals and pets are a big part of many people’s lives, and they often become like members of the family. But as with any other member of the family, they are also subject to various laws and regulations.

Some of the unique UK laws involve other living organisms. There are lots of rules to remember if you’re a pet owner in the UK; from infectious dogs to not being allowed to walk your cows on the street, here are some of the unusual pet laws that people might not be aware of:

Transporting Infectious Dogs

If you are a taxi driver, you always have a right to refuse passengers, but you can also restrict the passenger’s pets from entering.

The Public Health Act Of 1936 states any taxi driver may refuse entry if the driver suspects the pet has rabies or if the passenger has plague or smallpox.

It is common sense to not want to be around an animal that could be sick, so this law may help a lot of taxi drivers.

No Walking Cows Down The Street

Although it may seem like a scene from a comedy film, it is actually illegal to walk a cow down the street in daylight.

The Metropolitan Police Act 1867 states it’s against the law to transport any cattle through the streets during the hours of 10 am until 7 pm. Although there was an exception if you had permission from the police commissioner then it was fine to do so.

Managing Cattle While Drunk

Section 12 Of The Licensing Act of 1872, states the law on people being found drunk also applies to those who manage any cattle, horse, carriage or steam engine on any highway or other public places.

This law was enforced so that people couldn’t be under the influence of alcohol and not be able to control the animals they handle. Therefore, the number of accidents was reduced, and it helped to keep people safe.

Pigsty Abolishment

Although this is something uncommon these days to have in front of your home, during the 19th century, people used to keep a pigsty in front of their home. By 1847, a legislation was implemented.

F45 of the Town Police Clauses 1847 stated it is an offence for people to keep any pigsty to the front of the street, not protected by any wall or fence. The legislation was put in place to help with the nuisance caused by the animals.

Your Pet Cannot Mate With A Royal Pet!

While it’s extremely unlikely that you’d see a royal member walking or even meeting with them, letting your pet mate with another one of the royal family’s pets would actually break the law.

To emphasise the strictness of this law, up to the year 1965, if you were found to have broken this law, you may have been charged with the death penalty.

Killing A Swan!

It’s pretty absurd to kill any form of animal for no reason, but it is actually illegal to kill a swan in the UK. A swan is actually classed as a royal bird, which means it’s illegal to kill one.

This dates back to the 12th century. The crown claimed ownership of all the mute swans as a prevention order to stop people from eating them. With the unfortunate recent passing of Queen Elizabeth II and King Charles III now the new ruling monarch, there is now a new owner of the swans.

Conclusion

There are many laws in the UK you may not be aware of, especially when it comes to those concerning other living organisms. It’s important to be up to date on these laws to make sure you are not breaking any of them.

Knowing the law can help you avoid any penalties and keep other living organisms safe.

The majority of people who are first-timers at online casinos look up their gambling strategies online and don’t realize there are other, simpler ways to gamble that don’t require reading complicated manuals and learning all the complex combinations by heart. That’s where we come in. This article will introduce you to some casino gambling techniques that can add to your winnings while decreasing your risk of losing it all as you play at an online casino Australia legal real money.

The best way to make smart money decisions is to always go into the situation with a plan, which means analyzing your resources, the odds, and options. This sounds so simple, but it’s not a lot of fun to actually implement. Most casino gambling decisions seem to start off simply enough – choose a game, make a bet, and win the jackpot. Then the problem gets complex as soon as you decide that maybe you want to try a few of the other table games or even increase your bet level.

Whether you’re an experienced gamer or new to the scene, Esports Betting sites provide the opportunity to bet on leading organizations, teams, and players. Potential customers worldwide can take advantage of traditional bookies and newly formed Esports betting sites, which are licensed and regulated by respected gambling authorities.

How to Play and Win?

There are a lot of ways to approach casino games, but there are only a few that actually work. After spending thousands of hours and studying thousands of hands, we’ve come up with a handful of tried-and-tested casino gambling strategies that actually work. Here are a couple of simple, straightforward gambling tactics that can help you achieve success at the casino and beyond.

1. Play to Lose

No, that’s not a typo. The key to gambling success is to always take the negative. This may sound counter-intuitive, but the reality is that most people go into a casino playing with a mindset of winning. When you start the process by making a bet with the goal of losing, you are setting yourself up for failure.

This is a big deal because a few days after a losing hand, we tend to start playing the same way we did when we won. Instead, take that loss and work on turning it into a learning opportunity. What is something you did that you’d like to change or adjust in some way? Ask yourself a few questions, like: “Was the dealer right? Do I have the right strategy?” These questions will help you take a step back and analyze the situation. The next time you sit down to play, you should know a lot more about what you’re trying to achieve and why.

If you’re not sure whether you’re playing with the right mindset, one of the best exercises you can do is set yourself a goal to lose. Make a list of all the reasons you’re going to win or what you think you can do to win. Once you’ve made this list, then turn your thoughts around and see if you can think of all the reasons you might lose. You’ll then notice that you don’t really know a lot of the reasons to lose and win, and this is the time to change your goals. If you succeed in it, you can count on massive wins. With this in mind, it is no wonder that gambling executives predict the expansion of online casino gaming at ECGC.

2. Never Stop Adjusting

The best casino player is the one who can continue to change his game plan, and that can mean adapting to the situation. The other common gambling strategy is to try and make a game plan but to stay on course regardless of what you’re seeing. What happens when the game goes against you? What do you do? Do you start crying, throwing things, or running to the bathroom? Even if you think you’re playing smart or with the right game plan, the casino is taking advantage of that and working to gain a more accurate view of how you’re responding. That’s where the key is: always be learning and learn how they’re trying to win. Of course, if you select safe and trusted casinos from BestAuCasinosOnline ratings, your chances to win increase significantly.

3. Get All the Help You Can Get

This point is one of the most important rules for anyone who plays casino games. Even if you think you’re getting a handle on the situation, that’s all they care about. The reality is that the casino can analyze your entire history with them, and they know a lot about what you’re going to do before you make your next move. Your casino knows everything from how you’re seated to your preferred tables and how many times you’ve won or lost a specific game.

You should always be looking for the advantage, and this goes a lot further than just playing table games. Thus, when playing slots, you can use the bonus round to increase your bankroll or adjust for a lower or higher payback on each line if it fits your gambling style. Even when the casino doesn’t intentionally try to take advantage of you, it’s always good to know how to work to your advantage.

4. Play Confidently

The popular majority of casino games aren’t always based on skill. This is why it’s so important to not get overconfident about your ability to make smart decisions. If you get too confident, the casino has a lot more ammo to take advantage of you. The main way you can do this is to remember that you’re not playing the game for the fun of it. Yes, you can always find a player who likes to gamble. But that’s a different mindset than when you’re playing for the money.

The best strategy to keep your confidence in check is to start each new round with a game plan. If you’re going to play slots, decide exactly how you’re going to play the bonus round. If you’re going to sit down at a table and play a hand of blackjack, you should know what your strategy will be before you even get to the table. Having a plan is one way to keep your confidence level low. When you’re in the zone, you might be playing great, but the casino has a plan for you. Keep your confidence level low, and you’ll have a much easier time finding opportunities to learn.

5. Play With a Clear Head

One of the worst things you can do is play with an emotional edge. The fact is that even when you’re winning, you’re not in a good place when you’re feeling all that good. At the same time, when you’re in a situation where you feel like you’re doing poorly, you’re probably going to be more emotional and not think as clearly. This is why it’s so important to have a clear mind. What is more, you will be surprised to know some mental health benefits of online gambling.

Think of it like this: casino games are all about how your mind works, not your ability to manipulate the game. If your emotions are running high, you might be playing with a clear head, but you might also be missing opportunities to look for your edge. And even if you get caught off guard, the casino isn’t necessarily following the same strategy as you are.

After an accident resulting from another person’s negligence, victims often have a right to pursue compensation for injuries suffered. Filing a personal injury claim is a pretty straightforward process. However, if your injuries are more than scrapes and bruises, it would be best to consult a lawyer for a case evaluation.

The need for a lawyer is even higher if you had pre-existing injuries at the time of the accident. “A pre-existing condition can significantly complicate your claim,” says John Yannone of Price Benowitz, LLP, while stressing the need to work with an attorney under such circumstances.

Insurance companies go to every length to deny claimants compensation if they had a pre-existing injury. However, having an underlying condition doesn’t mean you do not qualify for compensation. (1)

What Is a Pre-Existing Condition?

A pre-existing condition is a medical injury or illness that started before a person got involved in an accident. That means if you had an ongoing knee problem that the accident exacerbated, such an injury could be considered a pre-existing injury.

However, not all underlying injuries or illnesses will apply when navigating an aggravation of a pre-existing injury claim.

A good example is if you were involved in an accident as a child and suffered a pelvic bone fracture that healed completely and did not leave any signs of an injury. In such a case, it cannot be considered a pre-existing condition if you get involved in an accident that causes a fracture of pelvic bone at a different spot.

Proving Aggravation of an Accident

Medical records are the most critical pieces of evidence your attorney will use to prove the aggravation or exacerbation of a pre-existing condition. Often your lawyer will call your treating physician as a witness to provide testimony for an injury exacerbation. Some of the documents the doctor can use to substantiate their position are hospital records from before and after the accident to show the change of treatment regime after the accident.

A plaintiff’s employers, friends, and family can also testify to the plaintiff’s condition before and after an accident.

For example, if an injury resulted in lost wages, an employer can testify backed with employment documents that the plaintiff was employed before the accident despite the pre-existing condition. Family and friends can also testify how the accident has changed the plaintiff’s life.

Video and photo evidence of the plaintiff engaging in physical activities they cannot engage in after the accident can also point out how an accident has changed a plaintiff’s life.

The Eggshell Doctrine

Suppose a person with degenerative health conditions such as advanced osteoporosis sustains a fracture after a slip and fall accident at an establishment’s pavement. In that case, the defendant cannot claim that her osteoporosis was to blame for the extent of their injuries. This is because such victims are protected under the eggshell theory. Under this doctrine, the court takes the victim as is, and their fragility cannot be used against them.

Complicating does not mean impossible. Don’t let a pre-existing condition discourage you from seeking compensation for your damages. Contact a personal injury lawyer near you to help fight for what you deserve. The best part is that injury lawyers don’t charge any fees until they win your case and recover damages. (2)

Immigration has been a problem in the United States for many decades. Different administrations have had differing views on the plight of immigrants, resulting in highly diverse policy recommendations.

Most notably, the Immigration and Customs Enforcement (ICE) implemented a set of programs to discourage immigration. The organization essentially leverages state and local resources to detain and deport undocumented immigrants.

Secure Communities, ICE’s main program, was meant to track the citizenship status of everyone arrested across the country. Individual law enforcement agencies were mandated to report possible non-citizens for further action. Whether this practice violated basic civil rights is still up for debate.

Noting a possible undermining of community-policy relationships, multiple jurisdictions opted out of the Secure Communities program. By 2014, more than 200 counties had withdrawn and resorted to sanctuary policies, a set of immigrant-friendly legislations.

The sanctuary policies have been documented to reduce crime significantly. This scenario attracts concerns about ICE’s immigration programs. (1) 

A Recent Study of Sanctuary Practices on Crime Rates

Marta Ascherio, a University of Texas researcher, has recently published the most comprehensive study on the implications of sanctuary practices on crime rates. She started studying these policies in 2016, owing to the political and social tension at the time.

Ascherio notes that former President Donald Trump’s 2016 campaigns were denoted by claims that sanctuary policies protect criminals. These controversial suggestions motivated her to analyze existing data to determine the actual link between sanctuary practices and crime.

She obtained data from almost all 50 states between 2013 and 2016. She then compared sanctuary and non-sanctuary jurisdictions, focusing on the incidence of crime.

More than 3,100 counties were covered in the study, representing 98% of counties and equivalent jurisdictions in the United States. This broadness contributed to the validity of Ascherio’s study.

The findings indicate that once counties transitioned to sanctuary practices, the crime rate started to decline. The changes were unique to sanctuary jurisdictions.

Ascherio found that property crime decreased by 10 percent for every one percent rise in foreign-born Latinos in sanctuary counties. Contrarily, property crime dropped by one percent for every one percent increase in native-born Latinos.

She also recorded similar reductions in violent crime. Specifically, sanctuary counties reported significant drops in these vices beginning in 2014, which is when the sanctuary policies started taking effect.

Sanctuary Practices Reduce Crime Rates

Ascherio provides a logical theory as to why we are seeing this trend. She claims that sanctuary policies provide immigrants with a feeling of safety, allowing them to focus on other things. This frees up community activists and organizers to focus on matters of benefit to the community.

She also claims that sanctuary practices promote immigrant incorporation into communities. The immigrants are introduced to mainstream networks to seek employment, health care, housing, and other services.

Community integration reduces the need for illegitimate markets. It also optimizes broad access to protection by law enforcement.

Punitive measures like the Secure Communities program, on the other hand, generally destabilize communities. This outcome has a negative impact on general safety. (2)

Sanctuary Practices Provide Safety & Optimize Community Benefits

Sanctuary policies reduce the crime rates in counties across the United States significantly. Ascherio categorically proved this claim by analyzing data from nearly all 50 states between 2013 and 2016.

The findings suggest that sanctuary practices optimize community integration and increase immigrants’ feelings of safety. Thus, immigrants are freer to engage in productive and beneficial activities in society.

Ascherio’s findings may yet cause more counties to opt out of the federal Secure Communities program.

Some employers can play several tricks when it comes to paying their workers. They often accomplish this by misclassifying their workers. Misclassification is when employers identify or categorize their workers as independent contractors rather than employees.

“It can be painful when workers realize they are being short-paid or denied some benefits after putting in so much work with a company,” said Attorney Jason W. Power of Franchise.Law. Depending on the state, workers can pursue a few options to recover lost wages and other benefits. For example, when employers classify their full-time workers as independent contractors, the workers can file a lawsuit against their employers.

Who Loses Out When Employers Misclassify Workers?

Employers stop avoid paying unemployment and other taxes on workers when they misclassify them. It also allows employers to avoid covering compensation (Workers Compensation) and unemployment insurance. Consequently, the misclassified workers lose out on overtime pay, unemployment benefits, and other benefits of being an employee.

Misclassified employees are prone to higher taxes and lose workplace rights, such as the right to join a union. Furthermore, apart from the impact on workers, misclassification also affects the federal, state, and local governments.

Since employers avoid their tax duties after misclassifying workers, it results in a loss of revenue for the federal, state, and local governments. As a result, federal and state unemployment insurance, workers’ compensation, and disability insurance systems will suffer.

Arbitration Clause In an Independent Contractor Agreement

Arbitration is an out-of-court dispute resolution process in which a neutral third party, known as an arbitrator, hears evidence and gives a final decision. An arbitration clause is a provision included in a contract that requires the parties to settle their differences through arbitration. Employment agreements are the most common type of such agreement.

Following the judgment of the US Supreme Court, companies can legally require employees to sign mandatory arbitration agreements that include class and collective action waivers. A class action is a legal process that allows one or more plaintiffs to bring a case on behalf of a larger group or class. However, due to the judgment, employers now increase their usage of such arbitration agreements with their independent contractors.

Some employers wrongly believe that the Supreme Court ruling shields them from federal wage and hour legislation liability. However, the judgment restricts the use of class and collective actions by petitioners. It does not protect companies from individual claims or investigations, audits, or enforcement proceedings by regulatory bodies. (1)

Well-Drafted and Poor Arbitration Clauses

With a few exceptions, a well-drafted arbitration clause with a class action waiver means the unsustainability of class action. It also means that there can be separate handling of the case of each plaintiff and class member.

A poorly written one will require the company to defend itself in a class-action lawsuit. For this to happen, it could be due to the language in the clause failing to take complete advantage of the existing state of the law. Some arbitration clauses created by companies can tie the company to unneeded liability.

Class action lawyers of plaintiffs often contest arbitration agreements containing class action waivers. They see them as a significant obstacle to protecting worker rights, particularly claims by workers misclassified as independent contractors. With a poorly drafted-arbitration clause, the lawsuit may attract fines and penalties.

What Happens When Workers Sue Employers For Misclassification?

Employee misclassification carries significant consequences. Employers who misclassify workers can face lawsuits from misclassified groups or individuals. As a result, they may incur penalties and fines. They may also be required to pay back taxes and penalties for paying late.

Employers may be liable for employment taxes if they categorize some employees as independent contractors without a valid justification. They may also pay workers for lost wages and other benefits.

Furthermore, workers who realize they should have been employees rather than independent contractors will not have a good impression of the organization. Some workers may even leave the organization and advise others to stay away. Even if misclassification is out of ignorance from the employer, the negative publicity can have a significant financial impact on the organization. (2)

Who and What Determines the Status of Workers?

Under the Fair Labor Standards Act (FLSA), employees are eligible for minimum wage and overtime pay. It occurs when a worker and an employer have an employment relationship, and the FLSA applies to them.

The US Department of Labor (DOL) has no final say over who is an independent contractor and who is not. The reason is that under the federal FLSA, only the courts may decide whether someone is an employee.

The Wage and Hour Division, however, is in charge of deciding whether there is misclassification of an employee as an independent contractor. They also look into whether there is a denial of benefits and labor standards protections of misclassified workers.

Avoiding and Minimizing IC Misclassification Lawsuit

There are two main strategies companies that hire independent contractors can use to avoid and reduce IC misclassification lawsuits. The two strategies include well-drafted arbitration clauses and IC Diagnostics ™.

Well-Drafted Arbitration Clauses

For arbitration clauses to succeed, they need to be well-drafted. The wording of the arbitration clause determines whether an arbitration clause is an independent contractor or employment situation.

Thus, current arbitration clauses in independent contractor agreements need reviewing. There should also be a regular update to reflect the efforts of companies. The reason is to improve compliance with laws regulating the use of independent contractors.

IC Diagnostics™

Another strategy for preventing lawsuits is maintaining an independent contractor relationship in full compliance with federal and state independent contractor laws. It is achievable using a method like IC Diagnostics™.

IC Diagnostics™ determines if a group of workers not recognized as employees would pass the necessary tests for independent contractor status under state and federal regulations. IC Diagnostics™ goes on to suggest many practical, alternative strategies for improving compliance with those regulations.

A well-drafted arbitration agreement with IC Diagnostics™ reduces the vulnerability to IC misclassification liability. It also reduces the chances of suing a company in the first place or suing them repeatedly.

Final Thought

Whether there is an arbitration clause or not in an independent contractor agreement, it does not prevent misclassified workers from filing lawsuits against employers. The outcome can take a toll on the employer and the company. Thus, companies should be careful when classifying their workers.