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baquerd
Jul 2, 2007

by FactsAreUseless

BrandonLakeTruck posted:

I live in Washington state and I work nights at a retail store. I am usually pretty good about knowing my rights but I've run into an issue that feels wrong but I can't find anything about it by simple googling.
After my shift is over I have to clock out and wait to be let out of the building by the supervisor. Usually this is not too big of a deal and I wait maybe 5 to 10 minutes at most. Today I got pretty steamed up because I told my boss I was leaving at 4:18, punched out at 4:20, and then waited for 18 minutes to have the front door unlocked.
I'm not even considering talking to anyone up the chain about it or anything like that, it just bothers me that I have to sit around unpaid when I have a life to get on with and would like to know what rights an employee has, if any, in a situation like this.

So you're locked in the building and couldn't get out without the supervisor's key? Seems like a fire code issue if nothing else, and really sketchy besides.

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Devor
Nov 30, 2004
Lurking more.

BrandonLakeTruck posted:

I live in Washington state and I work nights at a retail store. I am usually pretty good about knowing my rights but I've run into an issue that feels wrong but I can't find anything about it by simple googling.
After my shift is over I have to clock out and wait to be let out of the building by the supervisor. Usually this is not too big of a deal and I wait maybe 5 to 10 minutes at most. Today I got pretty steamed up because I told my boss I was leaving at 4:18, punched out at 4:20, and then waited for 18 minutes to have the front door unlocked.
I'm not even considering talking to anyone up the chain about it or anything like that, it just bothers me that I have to sit around unpaid when I have a life to get on with and would like to know what rights an employee has, if any, in a situation like this.

See the second bullet on this page:

http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/ShowUp/default.asp

quote:

Is being required by the business to wait on the premises considered "hours worked"?

Yes. Generally businesses cannot require workers to wait on the premises without pay. Workers must be paid for all "hours worked," which includes time they are required to be on the premises at the employer's request.

Obviously you want to be careful how you raise the issue, but on occasions where you are waiting 15 or more minutes (or less, depending on how finely grained your pay is calculated) it would seem reasonable to request pay for that time.

Edit: Comedy response, if they refuse to pay and fail to unlock the doors, take the fire exit.

Florida Betty
Sep 24, 2004

Devor posted:

See the second bullet on this page:

http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/ShowUp/default.asp


Obviously you want to be careful how you raise the issue, but on occasions where you are waiting 15 or more minutes (or less, depending on how finely grained your pay is calculated) it would seem reasonable to request pay for that time.

Edit: Comedy response, if they refuse to pay and fail to unlock the doors, take the fire exit.

Amazon is being sued for this in several states, including Washington. Maybe you can point this out to them, though I guess that could sound threatening. Even 5 or 10 minutes adds up when it's every day for weeks on end. You shouldn't be missing out on that money.

cheese eats mouse
Jul 6, 2007

A real Portlander now

Javid posted:

Aside from everything else, using your oven for heat is a great way to gently caress up your oven.

Should have clarified it's turned off. I just open it up and let whatever heat is left escape into the house.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

Arcturas posted:

If she has a lawyer, and you want to fight her for custody/child support/whatever, you need an attorney. You will get your rear end kicked otherwise.
Echoing this. Many lawyers are willing to work with you on payment plans, too; talk to them.

BrandonLakeTruck
Jan 10, 2004
dog poster its a hell of a ride

Devor posted:

See the second bullet on this page:

http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/ShowUp/default.asp


Obviously you want to be careful how you raise the issue, but on occasions where you are waiting 15 or more minutes (or less, depending on how finely grained your pay is calculated) it would seem reasonable to request pay for that time.

Edit: Comedy response, if they refuse to pay and fail to unlock the doors, take the fire exit.

Our pay is broken down to the minute. The interesting thing is that if I do the paperwork to have my timecard punch changed to when I was actually able to leave then they would be in violation of the first bullet point under Meal Periods on this page: http://www.lni.wa.gov/WorkplaceRights/Wages/HoursBreaks/Breaks/

Minnesota Nice.
Sep 1, 2008
And miles to go before I sleep.
And miles to go before I sleep.

Thanatosian posted:

Echoing this. Many lawyers are willing to work with you on payment plans, too; talk to them.

This is something I'd like to ask, actually. I've played around with the Martindale website a little bit, but I'm wondering if this is the *definitive* resource that people refer to to find lawyers? I know the local bar association, but I'm looking for a family lawyer in KY, and they seem to be the least helpful/searchable state in that regard. Alternatively, how does one go about looking for family lawyers that will do payment plans? Should I assume that if they advertise that sort of thing on their website, I'd want to stay away from them? It all seems tricky.

MrBigglesworth
Mar 26, 2005

Lover of Fuzzy Meatloaf
Does anyone have experience in setting up a revocable living trust?

My mom is wanting to get one setup considering the medical issues she has faced in the last 14 months.

We recently received solicitation from a lawfirm that will set one up for $3,150, and while that is considerably cheaper than probate (I had to do probate on my dad after he was murdered), I wonder if anyone else has had the experience and knows of any cheaper alternatives to look for and any gotchas to look out for.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

MrBigglesworth posted:

Does anyone have experience in setting up a revocable living trust?

My mom is wanting to get one setup considering the medical issues she has faced in the last 14 months.

We recently received solicitation from a lawfirm that will set one up for $3,150, and while that is considerably cheaper than probate (I had to do probate on my dad after he was murdered), I wonder if anyone else has had the experience and knows of any cheaper alternatives to look for and any gotchas to look out for.

Depends on the assets she has and what she wants done with them and why. Trusts are incredibly flexible and can be custom tailored. But unless you have a lot of assets, you can probably find a cheaper price.

euphronius
Feb 18, 2009

3 grand sounds a little high but in the ball park if it is complex

MrBigglesworth
Mar 26, 2005

Lover of Fuzzy Meatloaf
House about $200k, about $120k in cash and investments, 3 cars....thats...thats about it. I am the only child.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

MrBigglesworth posted:

House about $200k, about $120k in cash and investments, 3 cars....thats...thats about it. I am the only child.

Yeah that price they gave you is balls. Shop around.

MrBigglesworth
Mar 26, 2005

Lover of Fuzzy Meatloaf
Doing internet searches is loving useless, every thing I try brings up nothing but paid referrer links or those catch all legal cookie cutter sites. Gonna have to break out the phone book tomorrow.

Mr. Zour
Aug 1, 2006
I have an employment question in Alberta.

I'm currently articling for my accounting designation, this involves going to school and working a certain number of hours doing specific types of work. My current employer hired me into their articling program. They paid for my schooling, but made me sign prom notes for it saying if I quit before two years is up then I have to pay them back. I've now gotten into a situation where my schooling is complete but my employer is refusing to give me the hours I need to complete my designation and paying me well below market until I can get my hours.

I'm strongly considering moving firms, but I can't afford to pay back my prom notes. I was looking into it, and I think I may be able to argue that I'm being constructively dismissed as one of the essential terms of the contract, which is being given the required hours to get my designation, isn't being met. Would this work to get me out of these lovely prom notes or am I stuck in hell?

Also, I've tired to work this out with them for the last 8 months but it's going nowhere slowly

Mr. Zour fucked around with this message at 19:31 on Oct 20, 2013

FlashBewin
May 17, 2009
My mom died last year. She had two children, myself and my sister. The only thing she had in her name was the house.

She died intestate, so I had to go to probate court to get things settled, because my sister is lazy.
Michigan Probate court is fun.

My sister signed a waiver (and I have a witness who saw her sign it, aside from myself) saying that she wanted no part of the house due to some legal/IRS issues she was having at the time, although that wasn't on the form. She signed a waiver saying that she opted out of her claim of the inheritance. I do not have a copy of this form, as the probate system kept it.

I very specifically remember her asking "are you going to take the house from me or kick me out?" And my response was "Only if you make me."

I talked to a lawyer about some semi-related issues, and I brought this up to the lawyer. He said that it would be up to her to prove that she was impaired/coerced into signing it. I asked him if he meant, basically, if she had a gun or her head or something, if she signed it under duress. The only duress she was under was the IRS issues, and I don't know if that counts or not.


My sister and I got into an argument and blablabla, she said that at any time she could argue against the waiver she signed, saying that she could have her lawyer overturn/undo it.

Basically, the issue is that she drinks and makes messes while drunk, damaging the house (which i have recorded and have documented evidence)

Is that even possible, that at any time she can go and say "Hey, I want to take back that waiver I signed a year ago. Now I want my inheritance."

The probate court is over. The House is in my name, judge ordered the house in my name, yadda yadda yadda.

Basically, can ANYONE in any situation do that? "Yea, i signed a waiver a while back and i want to reverse that waiver now"

MrBigglesworth
Mar 26, 2005

Lover of Fuzzy Meatloaf
I had to do probate as well on my dads estate and I was the only child. But I thought that was that, once a judge signs off and names you executor and heir apparent and all, the law, sees exactly that. That is the point of an obituary and all so others who have claims can come forward.

FlashBewin
May 17, 2009
Right, but my sister signed a waiver saying she didn't want part of the inheritance. Surely there has to be a way to undo that.

I just want to know if she has a chance to have it undone, or if, because i have witnesses who know she wasn't under duress or drunk/high or something, i'm good to go.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.

FlashBewin posted:

Right, but my sister signed a waiver saying she didn't want part of the inheritance. Surely there has to be a way to undo that.

I just want to know if she has a chance to have it undone, or if, because i have witnesses who know she wasn't under duress or drunk/high or something, i'm good to go.

Not your personal attorney, don't have specific knowledge of your facts, etc.

MCL §700.2909(1): "A disclaimer, or a written waiver of the right to disclaim, is binding upon the disclaimant or person waiving the right to disclaim, and all persons claiming through or under him or her." (Emphasis mine)

So, she can't just take it back and say "nope, I don't like it any more." Her recourse would be to prove that the disclaimer was not valid in the first place. In other words, that she was insane, that she was under threat of physical force, that there was fraud going on, etc. High hurdle to clear, I see nothing that you've described that meets those scenarios. (The other avenue I guess would be to prove that one of the statutory elements of the disclaimer wasn't satisfied; that should have been handled in the findings when the judge accepted the disclaimer initially.)

It is technically possible that she could prove there was no valid disclaimer to begin with, but I wouldn't put money down on it.

Alaemon fucked around with this message at 00:23 on Oct 21, 2013

FlashBewin
May 17, 2009
Thanks for the reply.

Like i said, my sister was being investigated by the IRS for some shady business practices she was doing (paying people under the table) and she didn't want the house (or part of the house) in her name so that if, potentially, the IRS came after her, they could take it. She tried to say she was defending me, but that's bullshit.

We've been living together for over a year now and things are getting kind of unbearable. I posted about it in depth a few pages ago and i'm not going to get into it again.

She had done some rapid-fire lovely things and I was tired of living with her. I was curious as to what I would have to do in order to sell the house, preferably have her buy me out since morally we "share" the house, although the lawyer I talked to said I could sell the house out from under her and not be legally obligated to give her anything.

As far as I know, I did everything correctly through the probate court. I was the personal representative, she signed the waiver on being notified (or signed the notification of proceedings) because she didn't want to bother with any of it.

I received the Order for Complete Estate Settlement earlier this year, saying that the asset at blablabla address goes to the recipient, Me. I also asked the lawyer if this order for complete estate settlement would serve as a title/deed if i ever wanted to sell the house, and he said yes.

Arcturas
Mar 30, 2011

FlashBewin, you've got a lot of E/N stuff in there. Long story short, you talked to a lawyer, they reviewed the documents and told you you can sell the house out from under her or kick her to the curb and live there by yourself whenever you want. That's legally the case (and you should be talking to the lawyer about this, not random assholes on the internet, but at least we agree).

She'll have a very hard time getting around the disclaimer (as Alaemon said, possible but unlikely).

All your other details are moral/personal questions, not legal questions.

Capt Happhypants
Mar 16, 2009
I live in King County, Washington State.

I am married, my wife and I have a biological son together and she has twin daughters that are from her previous marriage. Their birth father is willing to give up his parental rights and let me adopt them (he doesn't want to pay child support). I believe this is called a Stepparent adoption with consenting birth father.

I've looked through the copious amounts of paperwork and steps that need to be done in what should be a relatively strait forward process and it intimidates me. I'm wondering if anyone who browses this forum knows of a solid lawyer in my area that does adoptions who I might be able to pay to help me through the process?

Thanks internet friends.

euphronius
Feb 18, 2009

Adoption = get a lawyer.

Call here http://www.kcba.org/lrs/index.aspx

Capt Happhypants
Mar 16, 2009

euphronius posted:

Adoption = get a lawyer.

Call here http://www.kcba.org/lrs/index.aspx

Thank you kind stranger. I'll look into this.

bigpolar
Jun 19, 2003

Capt Happhypants posted:

I live in King County, Washington State.

I am married, my wife and I have a biological son together and she has twin daughters that are from her previous marriage. Their birth father is willing to give up his parental rights and let me adopt them (he doesn't want to pay child support). I believe this is called a Stepparent adoption with consenting birth father.

I've looked through the copious amounts of paperwork and steps that need to be done in what should be a relatively strait forward process and it intimidates me. I'm wondering if anyone who browses this forum knows of a solid lawyer in my area that does adoptions who I might be able to pay to help me through the process?

Thanks internet friends.

This is more E/N than legal, but are you sure that's a good idea? Not only are you giving up that income stream, but I'm sure at some point the girls will want to know their biological father.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

bigpolar posted:

This is more E/N than legal, but are you sure that's a good idea? Not only are you giving up that income stream, but I'm sure at some point the girls will want to know their biological father.

Yes, but now biological father doesn't have visitation rights every other weekend and to a lot of parents, that's worth WAY more than child support.

Alchenar
Apr 9, 2008

bigpolar posted:

This is more E/N than legal, but are you sure that's a good idea? Not only are you giving up that income stream, but I'm sure at some point the girls will want to know their biological father.

Him adopting the girls gets him parental responsibility which makes life a lot easier when dealing with things like schools and hospitals and literally any time where an awkward conversation arises when he has to explain to a third party why he is in charge of children who are not his own.

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride
I handled one for a friend once and it was super easy as the termination had already happened years ago, so it was just basically a straightforward adoption. Just a lot of background checks, in my state at least.

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.

Alchenar posted:

Him adopting the girls gets him parental responsibility which makes life a lot easier when dealing with things like schools and hospitals and literally any time where an awkward conversation arises when he has to explain to a third party why he is in charge of children who are not his own.

Plus, if something were to happen to mom, she obviously would want you to take care of the kids rather than have them go to a father who doesn't know or want them.

Toshimo
Aug 23, 2012

He's outta line...

But he's right!
I believe I may be a suspect in a crime I had no part in. If anyone has a recommendation for a criminal lawyer in Baltimore County, MD that can give me a reasonably priced consultation, please pm me or email at toshimo@toshimo.com

internet celebrity
Jun 23, 2006

College Slice
There is a long standing legal debate among beer brewers that I would like to find a definitive answer for. The question is whether or not it's legal to use a process called freeze distillation to concentrate beer. It's not technically distillation since the process extracts water from a solution rather than ethanol which is the crux of the whole debate. Where should I look or who should I get in touch with to find a definitive answer? I'd like to have somewhere to point every time the debate comes up in discussion.

Arcturas
Mar 30, 2011

internet celebrity posted:

long standing legal debate . . . a definitive answer for.

It's unlikely you'll get a definitive answer. I don't know much about it but I think brewing and distilling in the US are regulated by a mixture of state and federal laws, and what counts as "distilling" will vary based on the specific statute, its language, and its definitions section.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

internet celebrity posted:

There is a long standing legal debate among beer brewers that I would like to find a definitive answer for. The question is whether or not it's legal to use a process called freeze distillation to concentrate beer. It's not technically distillation since the process extracts water from a solution rather than ethanol which is the crux of the whole debate. Where should I look or who should I get in touch with to find a definitive answer? I'd like to have somewhere to point every time the debate comes up in discussion.

What state do you live in?

internet celebrity
Jun 23, 2006

College Slice

joat mon posted:

What state do you live in?

North Carolina, but many people argue that it's illegal on the federal level.

Slo-Tek
Jun 8, 2001

WINDOWS 98 BEAT HIS FRIEND WITH A SHOVEL

internet celebrity posted:

North Carolina, but many people argue that it's illegal on the federal level.

Pretty sure this covers it http://codes.lp.findlaw.com/uscode/26/E/51/A/I/A/5002

26 U.S.C. § 5002(a)(4)(c)
"(C) by any process separates alcoholic spirits from any fermented substance, or"
"by any process" and does not distinguish between separating alcohol from water, or water from alcohol, they are separated, you distilled, making you a distiller. It is the sort of argument you probably don't want to have with Elliot Ness. But, unless you are selling, or inviting the local temperance society over for a taste, I suspect it is a pretty safe sort of scofflawry.

internet celebrity
Jun 23, 2006

College Slice

Slo-Tek posted:

Pretty sure this covers it http://codes.lp.findlaw.com/uscode/26/E/51/A/I/A/5002

26 U.S.C. § 5002(a)(4)(c)
"(C) by any process separates alcoholic spirits from any fermented substance, or"
"by any process" and does not distinguish between separating alcohol from water, or water from alcohol, they are separated, you distilled, making you a distiller. It is the sort of argument you probably don't want to have with Elliot Ness. But, unless you are selling, or inviting the local temperance society over for a taste, I suspect it is a pretty safe sort of scofflawry.

The counter argument I always see makes a point that the fermented substance contains water, alcohol, sugars, proteins, yeast, flavor/aroma compounds, fermentation byproducts, etc. Since the alcoholic spirits remain in the fermented substance after freeze distillation, it hasn't been separated. The outcome of the process is that everything is concentrated which distinguishes it from true distillation.

insanityv2
May 15, 2011

I'm gay

Toshimo posted:

I believe I may be a suspect in a crime I had no part in. If anyone has a recommendation for a criminal lawyer in Baltimore County, MD that can give me a reasonably priced consultation, please pm me or email at toshimo@toshimo.com

Most consultations are free btw.

patentmagus
May 19, 2013

internet celebrity posted:

The counter argument I always see makes a point that the fermented substance contains water, alcohol, sugars, proteins, yeast, flavor/aroma compounds, fermentation byproducts, etc. Since the alcoholic spirits remain in the fermented substance after freeze distillation, it hasn't been separated. The outcome of the process is that everything is concentrated which distinguishes it from true distillation.

Maybe you can sell that argument to a jury if you eat the frozen goo that you poured the non-frozen alcohol off of. Regardless, read the statutes and decide if it's worth wagering your freedom. Pay particular attention to:

(8) Distilled spirits The terms "distilled spirits", "alcoholic spirits", and "spirits" mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions and mixtures thereof from whatever source or by whatever process produced).

Also, consider that you'll be trying to mince words with the ATF. That is not an agency that minces words. You might eventually get your day in court though. Suffice it to say that -if- you are caught and -if- you are charged, then you will suffer more than you can currently comprehend.

Your smartest approach is to simply assume that you are breaking the law unless you have a paid up license to distill ethanol. Also, do some internet searches on "craft distilling" and pay attention to the guys who are trying to obey the law (safe) versus those trying to outsmart the law (not safe).

stringball
Mar 17, 2009

I live in Tucson, Airzona

I think I might be a candidate for this: http://www.forthepeople.com/class-action-lawyers/risperdal-lawsuits

It's pretty embarrassing to admit this here but I have been taking Risperdal since around early 2009ish daily, and have had the issues listed in the article.
I don't know a drat thing about maybe trying to get some money from this and it was brought to my attention by one of those dumb TV ads about suing medical companies.

Can someone shed some light about where to go on this? I don't really trust some of the sites that you just fill in info and talk to a lawyer.

Thank you :)

stringball fucked around with this message at 02:58 on Oct 25, 2013

Bad Munki
Nov 4, 2008

We're all mad here.


internet celebrity posted:

The counter argument I always see makes a point that the fermented substance contains water, alcohol, sugars, proteins, yeast, flavor/aroma compounds, fermentation byproducts, etc. Since the alcoholic spirits remain in the fermented substance after freeze distillation, it hasn't been separated. The outcome of the process is that everything is concentrated which distinguishes it from true distillation.

By that logic it's impossible to distill because no distillation process is perfect and will always have some contaminants from the fermentation. Therefore they weren't separated, your honor :smug:

In reality, the fact remains that you're separating water from the alcohol to make a greater ABV content. The rest of the poo poo that happens to be in there is incidental. But I agree that if you're just doing this at home for a batch of barley wine, it's probably a big ol "who gives a poo poo." If you own a brewpub and want to sell the stuff, though, you'll probably run into trouble.

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Arcturas
Mar 30, 2011

internet celebrity posted:

The counter argument I always see makes a point that the fermented substance contains water, alcohol, sugars, proteins, yeast, flavor/aroma compounds, fermentation byproducts, etc. Since the alcoholic spirits remain in the fermented substance after freeze distillation, it hasn't been separated. The outcome of the process is that everything is concentrated which distinguishes it from true distillation.

The counter-argument is not very good and as patentmagus said, the definitoin of "alcoholic spirits" is so broad that it would likely include freeze-distilling. Plus courts tend to try and interpret statutes to give effect to the purpose of the statute, which would also cover freeze-distilling.

That said, the next counter-argument would be that the rule of lenity encourages statutory ambiguities be interpreted in favor of a defendant, but I don't think the statute is ambiguous enough to make that legal.

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