Monday, 4 April 2016

Who Is a Seaman Under the Jones Act

Who Is a Seaman Under the Jones Act 

A federal statute known as the Jones Act allows employees to file negligence-based lawsuits against their maritime employers. However, in order to qualify under the Jones Act an injured maritime employee must meet the definition of a "seaman". The technical definition of a seaman states that the employee will be "more or less permanently assigned to a vessel or fleet of vessels in navigation." Each of the three main elements of this definition must be met in order for an injured maritime worker to qualify as a seaman under the Jones Act.

The initial requirement is that the injured employee be "more or less permanently" assigned to vessels or fleets of vessels. The more or less permanently has generally been interpreted to mean that the employee spends at least 30% of his working time aboard a vessel or fleet of vessels. This has come to be known as the "30% Rule". Usually this initial requirement is one of the easier requirements for the employee to satisfy since most maritime workers either spend a great deal of their time aboard vessels or they work land-based or fixed-platform jobs.

The second requirement in order to satisfy the definition of a "seaman" is that the employee must be assigned to work aboard a "vessel". Any type of traditional vessel such as a tug boat, crew boat, supply boat or other clearly defined United States Coast Guard vessels certainly satisfy this second requirement. However, in the Gulf of Mexico very many special purpose structures such as jack-up drilling rigs, semi-submersible drilling rigs and drill ships also have been defined as a vessel under the Jones Act. The United States Supreme Court has stated that any structure that is "practically capable of navigation" can meet the definition of a vessel under the Jones Act.

One other issue that is often addressed in regard to whether or not an employee is assigned to a "vessel" relates to whether the employee is assigned to multiple vessels. In other words, a maritime employee can also meet the definition of a seaman if he is assigned to a fleet of vessels (as opposed to one specific vessel) provided that the fleet of vessels are under common ownership or control. Very often a maritime employee will be assigned to work on various, multiple vessels but these vessels together will qualify as a "fleet of vessels" under the definition of a seaman under the Jones Act.

The last requirement necessary for a maritime worker to satisfy the definition of a seaman under the Jones Act is for the maritime worker to be assigned to a vessel "in navigation". This requirement has been broadly defined and as long as the maritime worker generally contributes to the mission of the vessel the courts have held that the vessel is "in navigation". Even if the vessel is temporarily moored or even stationary in the Gulf of Mexico as is common with special purpose vessels such as jack-up drilling rigs and lift boats, these structures will still be deemed "in navigation" even though they are not technically moving.

The federal Jones Act statute applies only to maritime workers who meet the technical definition of a "seaman" under the Act. Many maritime workers will simply allow their employers to determine the type of compensation scheme that the worker may fall under if he suffers an injury. However, the Jones Act is generally much more beneficial for the employee than other statutes such as the 

Longshore Act. It is very important for an injured maritime worker to learn the definition of a seaman and immediately determine if they satisfy that definition if they suffer an injury while working. If they are able to qualify under the Jones Act it is very likely that they will receive the largest possible recovery for their injury.

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Article Written By: Timothy Young

How to Practice Downsizing Without the Negative Effects

How to Practice Downsizing Without the Negative Effects

When there is a downturn in the economy and sales start to plummet, one of the first things many businesses start to do is downsize in an effort to curb costs. Since the early 1980's, this has become a common practice for many businesses. The negative effect on employees is one of devastation. Those who survive downsizing tend to lose morale and trust in management. The psychological effect results in anxiety, paranoia that they are next on the list to be laid off, and an overall unhappy work environment. However, there are measures a business can take to reduce the number of layoffs during bad economic times.

The following are a number of tips a business can implement that can reduce the negative effects of large scale downsizing:

1. Companies can use job recruiting services to hire employees who have the skills to meet the company's long term vision and goals. This will lessen the chances of having employees who are expendable, and then, a less chance that there will be massive layoffs.

2. If the business has a number of different departments, cross-train your staff so that during difficult economic times, they can be moved around to other departments instead of being laid off.

3. When positions within the company open up, hire from within the company. This will ensure that employees get a chance to stay employed, and if there is a concern about near-future economic instability, management does not have to fill the position that the employee left in order to take the new job. As well, managers should periodically assess their career development skill requirements to identify skills that their employees will need to acquire positions that become available. This will allow employees to acquire skills and education to fill positions that become available.

4. Management can work with human resources consulting to identify which employees are ready to move into management positions. When the employee moves up the corporate ladder, management can leave their previous position vacant.

5. Management can offer employees special incentives to come up with new and innovative products and services to market and sell in order to generate more revenue.

6. Management can implement cost saving strategies. This can include: reducing hours during difficult economic times, working a four day week, and laying off employees for a few weeks to save money, but then bring them back to work. As well, when an employee retires, do not fill the position, ask employees to work a few extra hours volunteering, and offer a leave of absence to some employees until the economy starts to recover.
7. Offer employees shares and stocks in the company in return for taking a pay cut.
8. Offer the employees the opportunity to buy into the company and become part owners.
Although downsizing has shown to be an effective way of cutting costs, most companies prefer not to layoff a large number of employees. Fortunately, with a little creativity and good business management plan, a company can take measures to reduce the negative effects of downsizing on employees, the business, and the staff that survive downsizing. 

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Article Written By: Adriana Noton 

The Jones Act: Getting Justice for Seamen and Sailors

The Jones Act: Getting Justice for Seamen and Sailors

The Merchant Marine Act of 1920 is a United States Federal law that came into being to protect the rights of maritime workers in the US waters and between its ports. Section 27 of this Act, also referred to as the Jones Act, 1920, deals with coastal shipping or cabotage. Since its first enactment in 1920, this Act has undergone several revisions, the most recent being in 1996.

The purpose of the Jones Act was to recognize the need for a strong shipping industry for its defense and for the growth of internal and external commerce. However, it also recognizes the need to protect its seamen, who in the process of work, might be injured at sea. In such conditions, it is the responsibility of the ship owner to send the injured employee home.

Pre-1920, sailors did not have legal protection against inhuman working conditions, but the Jones Act, corrected that and ensured that seamen were made safe and secure by law. This law is named after Senator Wesley L. Jones of Washington who introduced the law to maintain a good working sea force that works on the high seas even in adverse climate. In fact, only when the need for a law to regulate the rights of seamen became very urgent that Congress was forced to act and bring in legislation to this effect.

This law, therefore, seeks protection for seamen and sailors who work in the open sea in dangerous circumstances, or in an oil rig or on a vessel. By minimizing a sailor's risk, an employer ensures that the employee's life is paramount. If a seaman is injured in such conditions, whether offshore or onshore, he can seek recourse to the law under the Jones Act by claiming damages for negligence on the part of the captain, ship owner or crew. Another basis of legal recourse is the unseaworthiness of ships.

Other grounds include past and future lost wages, past and future medical costs, pain and suffering, nursing costs, therapy costs, loss of the power to enjoy life, physical and mental damage, loss of earning capacity and expense of vocational retraining.

However, despite the fact that the scope of the Jones Act extends protection to seafaring personnel, it is imperative that anyone wanting to take the benefits listed under it consult a specialist in the Jones Act.

If a seafaring employee decides to pursue legal action for any injustice, injury or wrongdoing to him, he must seriously consider appointing a Jones Act lawyer. This person is an expert in understanding and applying the terms of the Jones Act, which is a very complex piece of legislation. With his in-depth knowledge of this Act, he can bring justice to anyone needing retribution.

Besides, anyone making a claim under this law stands to gain much more than any other workman. But for a successful claim to come through, a seaman needs very good representation from an experienced Jones Act attorney before negotiating a settlement with the insurance company.

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Article Written By: James Matthews11

A Legal Recruiter And Applicants

A Legal Recruiter And Applicants

Even with the fluctuating progress of businesses nowadays, there are still those that thrive. A demand for a certain profession may increase because a new industry has emerged or has undergone rebirth, and alongside that the demand for others might be affected as well. The business under which a legal recruiter adheres to, although not familiar to some is also an arena of powerhouse recruitment for the best attorneys there are in the society at present. Companies are in need of these in house lawyers to operate legal matters.

Recruitment is no longer a foreign concept to us, because many agencies and companies are already seeking for the help of people who specialize in job placements and doing the application processes themselves. It is understandable that there are certain demands in professions that rise and fall just as the society shifts as well. In house attorneys are very vital in companies because they are tasked to handle legal documents and procedures, thus they are really one of the positions that have openings.
This is what a legal recruiter is out to hunt for, people who are willing to take a job offer. However, a filtering process should be made as with any application process for a job goes. Once a prospect is spotted, he or she is encouraged to apply by sending a lawyer resume and cover letter for preliminary assessment. The human resource team would then pore over through one's background in academics and work experiences, and when there is a potential detected, the candidate then is called back for an interview. For walk in applicants, there are times when small talk is also made immediately after submission of papers and this would serve as the first interview.

After being able to successfully pass every round of tests and interviews that varies from company to company, a possible match can be made between the client of the company and the applicant who is seeking for the available post. Starting with the training to the regularization, if the client evaluation of the newbie is good, then the recruiter has done his or her job well starting from the ability to spot a potential asset.

So, if you are in the business of recruitment, you should not be hasty in your decisions and should practice your judging skills. Like any point in time where you have to make a decision, careful planning should be exercised. After all, it takes a legal recruiter with certain ability in spotting potentials to bring forth good candidates that will not prove to be a waste of time.

Remember that in business, every minute is precious because the company's resources are used in the process, whether it be an object or the person itself. So although it takes time to filter out applications, also make sure that you do not waste your time and efforts on people who are clearly not headed to a possible match between client and potential employee.

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Article Written By: Joy Hanberry

Importance of Skills Focus on Job Interviews

Importance of Skills Focus on Job Interviews

Skill emphasis through the interview is very important to show the employer why you distinctive from all the other job candidates. Within this competitive world, companies seek out the most qualified employees by weighing skills with the candidates and determining the way they would profit the company.

Most of the top companies look for employers who sticks out based using their expertise, capability to give new developments, and pleasing personalities that could enhance the organization.
Skills are grouped into three kinds - knowledge-based, transferable, and personal traits.

1) Knowledge-based skills are the ones learned from experiences. These can sometimes include educational attainment, additional training, seminars attended, along with other practices you have studied to improve your expertise.

Knowledge-based skills include computer and communication skills, marketing or managerial knowledge, product, and many more. These skills vary with respect to the field of industry of every job candidate.

2) Transferable or portable skills are those you bring to a specific job. This is the reason why interviewers ask, What could you offer the company? Transferable skills are important because companies strive to look for quality employees that would improve the development of the workforce.

Portable skills include problem solving, team leader potential, organized, writing and communication skills, customer care oriented, serious amounts of project management, and good with numbers and budget. This type of skills varies with regards to the experience and versatility of each and every job candidate.

3) Personal traits determine what you are. In a meeting, one of the most common things a company says is Tell me something about yourself. Your fact is vital since it would set a dark tone for the rest of the job interview.

Personal traits include good judgment, well-organized, analytical, goal oriented, flexible, creative and more. Try to sell yourself in as modest as you can within a short time.


* After you have completed your script, after you are ready to face the interviewer. Keep in mind that employers are curious about your accomplishments. Use words which are concise, direct and clear.
Although a lot of companies need a unique group of skills, you need to still highlight your technical skills within the interview. These skills, which top companies usually seek, include leadership, communication, confidence, flexibility, problem solving and.

Emphasizing all your strengths and skills on job interviews would improve your chances of landing the required job.

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Article Written By: Nuba Lukwardo

Factors Behind Choosing A Web-Based Recruitment Professional

Factors Behind Choosing A Web-Based Recruitment Professional

There's been a tremendous trend inside the lives of people as a result of the appearance associated with internet technological advances. Many people are now able to access many things on the web and that's why via the internet recruitment has recently received widely used utilization within just a short time.

It's actually turned out to be quite simple to successfully retain the services of most likely the most qualified men and women by using the professional services associated with an online recruitment specialist. Publishing positions with the print media channels tend not to supply the anticipated results. On the other hand, the internet has had a terrific change to this because of the specialists are able to captivate a large number of job hunters in order to forward their resumes with an unmatched scale.

This is done working with a properly detailed database that contain all necessary qualifications make certain that obtaining the most qualified prospect becomes quicker. Getting skilled persons coming from foreign nations around the world can also be very simple because the web based recruiters can likewise attract applicants coming from completely different segments on the planet. The method is quite cost-effective basically because almost all the employer is required to give is a simple fee which usually covers all of the job opportunities that need to be filled. You will need to subsequently be keen to hire an experienced professional which has a world-wide outlook.

Online consultants never fail to up-date the employer with critical information for example, the total number of resumes that were submitted in addition to the number of individuals who seen the posting. Additionally they give the employer an exact number of job hunters that have provided their resumes as well as the rankings of the job posting with regard toward companies that are prospecting for similar listings.

Those people trying to find better possibilities generally go looking for all those jobs which are more detailed so that they'll learn exactly what is required for the responsibility, the qualifications as well the benefits wrought by the job. Hiring people online with the help of an experienced professional makes it possible for the employers to place additional information about the organization and also explanations why it certainly is the best.

It is necessary to perform a thorough search so that you can find a person that can benefit the employer. It's essential to understand the length of time the consultant has already been around the market. This should not however pressure you to choose established professionals however it is also important to sample newcomers simply because they might also have built their name in the short time they have offered the services.

A trustworthy online recruitment specialist must have the ability to give more value to the one looking for the job along with the employer. One way of giving the job seeker a competitive edge is by furnishing them with details on how to write good resumes, how to plan their careers and also how to enhance their training.

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Article Written By: Suzanne George 

Importance of Constructing a Great Lawyer Resume

Seeking a job is not an easy factor to do, particularly during a time where there are a lot of unemployed persons and there are lesser offered jobs. This goes for virtually any type of profession. Occasionally lawyers experience this concern. Surviving law school and eventually turning into an attorney is a dream come true for many people. However, they are unable to really express that they have achieved their dreams until they acquire a job. You will discover several things that an aspirant has to so that he or she will have an edge over other job hunters. The main edge that they could have is to construct a great lawyer resume format.

Job seekers appreciate the relevance of a resume that emphasizes their proficiency. This is the best method to entice the interest of an employer. Because vacant jobs are on a low, it is projected that many people will apply for one job. With out a fine resume, the odds that your application will go overlooked is high. Hence, each lawyer who wants to get hired rapidly must do precisely what is right by spending some time and focusing on his or her resume. There are a number of sources that can provide beneficial tips and will show a job hunter the appropriate lawyer resume.

Law school is grueling, and it is a huge achievement to become an attorney. Nonetheless, this does not essentially mean that each of them has got the dexterity to fabricate a good resume. Though they may have tried out making numerous resumes in earlier times, there is a high likelihood that it nevertheless needs improvement for it to be an efficacious curriculum vitae. Thankfully, professional writers are around for those people who want to have a fine lawyer resume. These writers are geared up to help any lawyer who wishes to give himself the opportunity to be noticed by potential employers.

Whatever kind of resume is needed, there are professional writers who are fortified with the knowledge and skills to write the finest resume possible. There are facts that must be present in a resume while others can be deleted. The format is also an additional problem that loads of attorneys have. Professional writers are aware of this and may change a simple resume into a fine one. With all the other lawyers eager to be employed, investing on a good resume is a very intelligent thing to do.

Getting that dream job is simple with the assistance of a fine lawyer resume format. Looking for a job is a tiresome procedure. Then again, being equipped with the right credentials makes it simpler and less hassle. A fine resume shows your competency and has all the facts that an company might require, which would permit them to have reasons to employ you. Rather than squandering a lot of time and effort in creating a resume, it is best to get a professional writer create the resume for you. Ultimately, you will see the advantages of investing on professional writing services. 

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Article Written By: Benedict Perez