Monthly Archives: September 2020

Dive Into Legal Waters: Understanding ‘In Camera’ Court Proceedings

This entry was posted in Uncategorized on by .

From the peace of a poolside lounge to the tricks of the trade when it comes to court, finding ways to unwind can be a process. While you can spend time with your loved ones and enjoy the sunshine out in the open, legal matters may be much more complex, but they don’t need to be confusing. By taking the time to learn about where you stand in a legal matter, you can set your mind at ease, the same way you would with a patio chair right next to your new Sunflower Pool and Patio (more info on that here).

In this article, we will be covering legal terms used often in courtrooms and what you need to know about them. The first is the idea of in camera, in which the court actually closes all outside means of observation or publicity on a trial or hearing, for a certain period of time.

The term ‘in camera’ (from the Latin ‘in chambers’) in legal terminology references situations when hearings or parts thereof are held in a judge’s chambers, instead of the court itself. Since this term is frequently used in the realm of family law, in camera is often referenced in custodial or visitation hearings regarding children. Some situations where a case could be in camera include divorce or guardianship, but this depends largely on how the case progresses and what the judge decides is appropriate to handle in such a manner.

In many cases, the presiding judge will decide that it is in the best interest of the child (or children) involved, to suppress courtroom spectators. This occurs due to the nature of the topic being discussed, often entailing private matters between individuals. An example of this would be the aforementioned cases, along with adoption cases, where solutions and future actions, resolution of legal problems are discussed.

When it comes to the prevention of publicity for certain matters, it’s important to consider the fact that these proceedings can be invisible to the public, and important for you and your attorney to discuss. With targeted guidance from a lawyer, you can move forward knowing that their knowledge will benefit your case and educate you, as needed, along the way. Remember, they went through years of school to learn everything about the field of law; you can learn from them and make your experience much more convenient.

This context of privacy from the outside world is similar to the benefits of having a private pool in your backyard. By investing in a space that holds significant value for you, you can turn to your yard as a retreat destination to unwind and enjoy your time off. Like a home pool, your private spaces around the house are just as crucial to your mental state and wellbeing.

Public misconception is a major theme with in camera. Many people do not realize or know that in camera sessions exist, and some might even use it to justify that the judicial system is hiding information from the outside world. The reality is that these sessions are meant to ensure privacy to the parties involved in the case and the judge needs also have the right to protect context and preserve the integrity of a case. There are also instances where the availability of witnesses is not present, either physically or emotionally, and the only way the judge can communicate with them is in private. It is important to remember that in the long run, these measures are in place to protect those involved and ensure justice is served fairly.

Proponents of in camera proceedings cite the prevention of outside influence to the families. For example, there are cases when children need to speak with the judge and have their answers corroborated with their opinions and not have outside issues, like outside families or the media present. You can also think of examples where witnesses could be easily swayed by outside opinions, leading to false information being provided. Like any legal proceeding, it is crucial to establish the integrity of the information being shared and the ways people can learn about what that information is for the sake of accuracy and fairness to all parties.

The term ‘in camera’ originates more than 400 years back, when trials and proceedings were handled behind closed doors – in the jury room. Over time, the translation of the term has evolved into the court proceeding context, and reflected the origins of the term. Somewhere along the way, ‘in camera’ became private hearings, in which logistics and legal discussions and rulings are made. Courts still use this process to this day, and it can occur in a number of capacities, depending on the situation at hand and the decisions made by the presiding judge and lawyers involved.

The role of the judge during an in camera proceeding is important to understand. Not only do they control the flow of information and what is discussed, it is their duty to ensure proper management of the proceeding goals. In other words, the understanding of context, and the anticipation of what the outcome should be.

The judge also notifies those attending to disclose all relevant information to the trial. Just like a jury summons is considered a legal document, a subpoena can fall under the same category. The judge also has the option to appoint counsel if the situation requires it, meaning that the judge is responsible for providing appropriate court support when needed.

The pressure of court is intense, and being on the defense or the offense can create considerable stress. It is important to remember, however, that they were chosen for a reason: they know what they are talking about and can help you understand what really matters in your case.

Navigating Delaware Labor Laws Scheduling: Insights for Pool and Patio Businesses

This entry was posted in Uncategorized on by .

Understanding Delaware Labor Laws for Seasonal Businesses

If you are in a business like pool and patio construction, you can’t have year-round customers. You will have surges in demand based on the seasons, as Sunflower Pool and Patio has experienced. While these surges in demand can be great for your bottom line, what can hide behind them are violations of laws and regulations from working employees too much or too little. The regulations are especially strict in a state like Delaware, which is one of the most business-friendly states when it comes to labor laws, providing you know the rules and follow them. The same is true of outside work, such as roof work in Hurricane season. What you are doing elsewhere may impact what you are doing in your business.

For example, the Fair Labor Standards Act (FLSA) requires that if you are employing anyone in the United States, whether they are employees or independent contractors, that you track their working time. If you are using workers who are under the age of 18, there are even more restrictions on their working hours, as specified in the Delaware labor laws scheduling handbook for employers (a.k.a., “the Red Book”).

Delaware law prohibits the employment of anyone who is 14 or 15 years old from working:

  • Inside: More than three hours on a school day, more than eight total hours on a non-school day, more than 18 total hours in a week when school is in session, more than 40 hours in a week, or before 7:00 a.m. or later than 7:00 p.m.
  • Outside: Before 7:00 a.m. or after 7:00 p.m. on any day, or outside of the time periods specified above for inside work on a school day.

When school is no longer in session, the restrictions on working hours do not apply, except minors cannot work more than 8 hours in a day and must have a 30-minute uninterrupted meal period if they work more than five consecutive hours.

Minors who are 16 or 17 years old are permitted to work during school hours, provided that work does not exceed 8 hours in a day. However, they cannot work more than 40 hours in a week, more than 10 hours in a day, before 6:00 a.m. or before 2:00 p.m., or after 10:00 p.m., during exam periods, on a Sunday if they are participating in organized sporting events or activities on that date, more than four days in a week, or outside the time periods specified above for 14- and 15-year-old workers.

Summing up the provisions above, you must be aware of how the requirements interact with each other. You can’t just pick the most lenient one and ignore the more stringent requirements. For instance, you can’t ignore the 10:00 p.m. night shift because the employee is a 17-year-old. You have to pay attention to the hours limitations.

The Labor Law Compliance System has a series of pamphlets on the Delaware Wage & Hour Laws.

By understanding these little details, you can plan for the seasonal needs of your business and comply with the law at the same time, without suffering from a potential slowdown in business from having to lay off workers or suffer violation penalties.