October 27, 2016

Effective December 1, 2016, the federal Department of Labor is making some major changes to overtime rules.  The most notable of these changes will be the major increase in minimum required salary for many employees to qualify as exempt from overtime pay.  An exempt employee does not have to be paid overtime wages for hours worked in excess of forty in a given workweek.

As many of you know, your employees may be considered exempt from overtime pay if they fit one of several “exempt” categories, including the “executive”, “administrative”, and “learned professional” exemptions.  The job duties and many other factors considered for these exemptions will not be changing.

However, for many years, these exemptions could apply only if the empl...

October 24, 2016

Have you ever struggled with your insurance carrier to obtain coverage for a loss that you felt should’ve clearly been covered?  Assessing insurance coverage is monumentally difficult and confusing–and this is even so for attorneys who regularly study and practice insurance law!  As a result, the average layperson navigating a claim can easily feel outmatched and outgunned, thereby acceding to the stingy coverage conclusions of the adjuster, which are often extremely disappointing.  

Given that every claim the carrier pays out works against its profits, it’s no small wonder that insurance companies look for opportunities to deny or underpay on coverage claims–and they can and will take advantage of the confusing process to do just...

October 17, 2016

For many, retaining an attorney is a scary and foreign process.  If you’re considering hiring a lawyer, you may have a number of questions and concerns, ranging from, “how expensive will this be?” to “what are my chances?” to “what do I need to bring with me?”

Every attorney is different, but there are a number of things you should expect going in, and a number of questions the lawyer should be able to answer.  If the lawyer is not answering these questions to your satisfaction, then you should consider whether this particular attorney is a good fit.

First, it should be amply clear whether you are going to get charged for the consultation.  As a general rule, our law firm charges clients at our attorneys’ hourly rates for initial consult...

October 13, 2016

This may seem like a no-brainer, but in truth many people have only a vague idea of what litigation is and what civil litigators actually do.  Many grew up watching TV shows and movies, where lawyers stand in court, deliver clever arguments, skillfully cross-examine dodgy witnesses, or frequently interrupt one-another with “objection!”

In reality–and in the modern court system–trials involving juries and parades of witnesses are few and far between.  It’s been estimated that at least 95% of civil lawsuits never reach a jury.  Why is this, and what does a lawyer actually do when he or she is not in court?

You see, litigation is not just a trial, it’s an entire process for resolving legal disputes in court.  It is time-consuming, work-inte...

October 12, 2016

When you hire a contractor to build a home for you, you generally have two options for pricing the project.  One of those options, a fixed-price contract, provides all parties with transparency as to the total cost of the build, presuming you have a properly drafted construction contract. Another pricing structure, which has grown in popularity, is a time and materials contract. Under this structure, the owner is billed for time and materials actually incurred on the project, plus a percentage to cover a builder’s overhead and profit.  Theoretically, this pricing structure provides transparency to the owner about the actual cost of the build, for the contractor should provide the owner with full supporting documentation for every time and m...

October 5, 2016

Honesty and the fulfillment of promises remain fundamental cornerstones of both the modern business world and our legal landscape.  A contract expresses a basic exchange:  You promise to give me something, and in exchange, I promise to give you something else in return. 

And so the market and the world of commerce goes around and around.  You may not realize it, but every time you make a purchase at your local grocery store, you are making a promise, accepting a promise from the store, thus forming a contract, and then carrying out that contract, all in one swift action.

But more complicated transactions require detailed explanations of the promises being exchanged.  Take, for example, when you purchase a house using a mortgage...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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