Legal Corner: My son started working at a local fast food restau - KPLC 7 News, Lake Charles, Louisiana

Legal Corner: My son started working at a local fast food restaurant 5 weeks ago and has yet to be paid

(Source: KPLC) (Source: KPLC)
SOUTHWEST LOUISIANA (KPLC) -

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Question: I have 5 kids. I have joint custody of them. The father is to meet me every weekend. I haven't seen my children in over 3 years. I’ve brought the father to court twice, and he does the same thing. I’ve spent a lot of money bringing him back and forth to court. It’s to the point where I spoke with the Allen Parish School Board Director because the father told the principal he did not want me on school property. Is this legal?

The question is whether it is in violation of the custody decree? If it is, then you may have a right to file for a MODIFICATION of custody. Louisiana Revised Statue 9:§336. Joint custody obligates the parents to exchange information concerning the health, education, and welfare of the child and to confer with one another in exercising decision-making authority. Louisiana Revised Statue 9:§9:346 states that a pattern of willful and intentional violation of this section, without good cause may be grounds for a modification of a custody or visitation decree. An action for the failure to exercise or to allow child visitation, custody or time rights pursuant to the terms of a court-ordered schedule may be instituted against a parent. The action shall be in the form of a rule to show cause why such parent should not be held in contempt for the failure and why the court should not further render judgment as provided in this section.

B: If the action is for the failure to exercise child visitation, custody or time rights pursuant to the terms of a court-ordered schedule, and the petitioner is the prevailing party, the defendant shall be held in contempt of court and the court shall award to the petitioner: (1) All costs for counseling for the child which may be necessitated by the defendant's failure to exercise visitation, custody or time rights with the child. (2) A reasonable sum for any actual expenses incurred by the petitioner by reason of the failure of the defendant to exercise rights pursuant to a court-ordered visitation, custody or time schedule. (3) A reasonable sum for a caretaker of the child, based upon the hourly rate for caretakers in the community. (4) All attorney fees and costs of the proceeding.

C: If the action is for the failure to allow child custody, visitation, or time rights pursuant to a court-ordered schedule, and the petitioner is the prevailing party, the defendant shall be held in contempt of court and the court shall award to the petitioner: (1) A reasonable sum for any actual expenses incurred by the petitioner by the loss of his visitation, custody or time rights. (2) Additional visitation, custody or time rights with the child equal to the time lost. (3) All attorney fees and costs of the proceeding. (4) All costs for counseling for the child which may be necessitated by the defendant's failure to allow visitation, custody, or time rights with the child.

D. The court may award a reasonable penalty to the petitioner against the defendant upon a finding that the failure to allow or exercise visitation, time or custody rights pursuant to the terms of a court-ordered visitation schedule was intended to harass the petitioner.

E. The court may award attorney fees and costs to the defendant if he is the prevailing party, based upon actual expenses incurred.

F. The court may require the prevailing party to submit proof showing the amounts to be awarded pursuant to this section.

G. It shall be a defense that the failure to allow or exercise child visitation rights pursuant to a court-ordered schedule was by mutual consent, beyond the control of the defendant, or for other good cause shown.

H. A pattern of willful and intentional violation of this Section, without good cause, may be grounds for a modification of a custody or visitation decree.

I. This Section applies to judicial orders involving sole or joint custody.

J.  The action authorized by this section shall be in addition to any other action authorized by law.

Question: My 16-year-old son took a job at a local fast food restaurant 5 weeks ago. He has not received any pay. Two pay periods have passed. The manager keeps saying "she's working on it." Who do I contact for help?

Your son should contact the company's management employee hotline.

If this does not resolve the issue, then your son’s ultimate remedy is to make written demand for the unpaid wages as set out in Louisiana Revised Statute 23:631. Under this statute, an employer who acts in bad faith in refusing to pay wages is exposed to penalties and attorney fees. Click here for more info.

Question: Someone recently brought about 20 beehives onto a vacant lot across from our house. Now, because we live on the water, the bees are spending a lot of time in our yard, pool, the bayou. Are there ordinances in place to protect the public from bees just like other pets?

Lake Charles, LA Code of Ordinances Sec. 4-104: Fencing of flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of a least six feet above ground level over the property lines in vicinity of the apiary. It is a defense against prosecution under this section that the property adjoining the apiary tract in the vicinity of, the apiary is undeveloped property for a distance of at least 25 feet from the property line of the apiary tract.

(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93) Sec. 4-105. - Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird bath, or other water sources where they may cause human, bird, or domestic pet contact.

Sec. 4-111. - Compliance. (a) Upon receipt of information that any colony situated within the city is not being kept in compliance with this article, the mayor or his designee shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper. (b)The notice of hearing shall set forth: (1) The date, time and place at which the hearing will be conducted; (2) The violation(s) alleged;(3) That the beekeeper may appear in person or through counsel, present evidence, cross-examine witnesses, and provide for a court reporter at his own expense; (4) That the bees may be ordered destroyed or removed from the city if the hearing officer finds that they have been kept in violation of this article. Notices shall be given by certified United States mail or personal delivery. However, if the health officer is unable to locate the beekeeper, then the notice may be given by publication one time in the official journal of the city at least five days prior to the date of the hearing.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC TV.

Copyright 2017 KPLC. All rights reserved.

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