Lexington and Louisville Law Blog

In general instances of theft, old English law required that trespass was necessary for a person to be found guilty. When it became possible for criminals to steal possessions through the use of computer systems and other strategies, this meant that a loophole in the law was created. To address this loophole, the crime of embezzlement was brought into law.

The crime of embezzlement occurs when a person is in the possession of another's property unrightfully. When they have possession, they take advantage of their position and proceed to take the property for their own use. To find a person guilty of embezzlement, it must be shown that the accused had no intention of giving the property back.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations. © 2019 "Super Lawyers"®, part of Thomson Reuters. All Rights Reserved, December 2nd, 2019

The rights that you have as an employee depend on the exact circumstances of your employment. If you are nonexempt from the Fair Labor Standards Act (FLSA), you have the right to get paid at overtime rates for any hours worked over 40 in any given workweek.

Therefore, if you are unsure about whether you are owed overtime pay from your employer, you should first take action to learn whether you are exempt from the benefits associated with the FLSA. If you are nonexempt, you should then proceed by proving that you worked a certain number of hours and that you were not adequately reimbursed for them.

Trucking companies are often assumed to be at fault by victims after the occurrence of an accident involving a truck. However, the trucking industry is a highly regulated one, and it's often the case that the mistakes of noncommercial drivers lead to a collision that the truck driver involved could have done nothing to prevent.

Truck companies should take immediate action after a truck accident to establish possible routes of defense as soon as an accident has occurred. In the best case, it will be easy to show that the other driver made mistakes that caused the accident. In other situations, aggressive defense tactics can be implemented to scrutinize all evidence. The following are some of the most common defenses used by trucking companies.