Asian Journal- The Filipino-American Community Newspaper

Tuesday
May 22nd
Text size
  • Increase font size
  • Default font size
  • Decrease font size

Home Consumer Atty. Joel Bander

Atty. Joel Bander

Are you being paid properly for working split-shifts?

Q: I REGULARLY work 12 hours per day at a restaurant. My work day is divided into two shifts. My first shift is between 8 a.m. to 2 pm I have an unpaid break from 2 pm to 4 pm. Then I have to go back to work at 4 pm to 10 pm. I am paid only my regular hourly rate of $8 per hour for all the hours I work for that day. Am I entitled to overtime or additional pay?

A. Your employer gave you a split-shift schedule. A split-shift is "any employer-established work schedule interrupted by an unpaid non-working period, other than a bona fide rest or meal period." The way a split shift is set up is that employees are scheduled to work a number of hours and this is followed by a break usually lasting more than an hour. After the break, the employee is told to come back to work and work an additional number of hours.

Read more...
 

Life after ‘death’ - How a convicted felon got his US citizenship

LOUIE Camacho went to 50 lawyers from the East to the West Coast – willing to pay their exorbitant costs -- but most of them told him his dream of becoming an American citizen is "hopeless".

"They didn’t give me any hope, once they saw how long my "rap sheet" was," Louie related. "But I continued to look for someone who can help me. And thank God, I found Atty. Joel Bander. What seemed like an impossible dream quickly became a reality."

Read more...

US Supreme Court grants criminal alien new rights

"AS been widely acknowledged, determining whether a particular crime is an ‘aggravated felony’ or ‘crime involving moral turpitude’ is not an easy task." - US Supreme Court Justice Samuel Alito, Jr.’s, concurring opinion in Padilla v. Kentucky (March 31, 2010).

Having practiced widely in both immigration and criminal law, it is refreshing to read a justice of the US Supreme Court recent decision acknowledging that the confusing interplay between criminal convictions and immigration law is a legal minefield. Criminal defense attorneys should be obligated to advise immigrants on both grounds to avoid immigration consequences to criminal convictions.

Read more...

Employers and employments agencies are liable for subminimum wages and failure to pay overtime

MANY aliens have been working for an extended period for an employer who sponsored them for a H1-B or Labor Certification. They are then paid less than the minimum wage, or a flat weekly fee. If they are working more than 40 hours a week they are entitled to one and one-half times the minimum wage. If these workers are not receiving at least minimum wage and time and one-half for overtime you probably have a ‘wage and hour’ claim.

Obviously, these aliens are working illegally for their sponsoring employer. So they are scared to complain about not receiving the minimum wage, being told that they should be grateful that they are hiring the alien illegally and sponsoring you. These employers often threaten to cancel the employment visa application and terminate the alien if they complain.

Last Updated ( Wednesday, 20 January 2010 00:19 )

Read more...

Minimum wages, overtime pay and other benefits for baby sitters and other household helpers

QUESTION: I work as a live-in personal attendant for my elderly employer. Am I entitled to overtime pay like other employees?

Answer: Yes. However, there are slightly different rules that apply when the household worker is "live-in employee." Workers engaged in household occupations, including personal attendants, are entitled to overtime pay, minimum wages, rest and meal breaks, just like any other employee.

Read more...
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  Next 
  •  End 
  • »
Page 1 of 9

La Beez Hive for Hyperlocal Ethnic News

Find us on Facebook!Follow us on Twitter!

AJTV

Worried about your credit score?
When you land as an immigrant in America, you have no credit history here.  So, when you apply for a credit card, your credit report will be...
Liu Feng Shui Grand View Factor 23: Religion
LIU FENG Shui Grand View is the trademark philosophy developed by Grand Master Chi-Jen Liu. From decades of research and experience in feng shui and...
Is lying a crime? It depends
(EDITOR’S NOTE: Monty is a former 3 term mayor of Monterey Park and Darren a former president of Phil-Am Bar Association. Manibog & Manibog,...
CA Board of Registered Nursing withdraws citation order and fine against Filipino RN
The situation we will discuss involves a fire that destroyed the house of homeowners. They had fire insurance to cover their loss. They hire a...
Start fresh in 2009
It’s the start of a new year again. It’s a good time to reflect on how things should be in our lives. If your debt burden is unbearable, now is...
Income tax debts: Can it be discharged in bankruptcy?
THE question that has beleaguered (and still beleaguers) too many in the past: Can federal and state taxes owed be discharged in a bankruptcy...
What is a smile design?
Cosmetic dentists understand that communication with the patient over what they expect, what they want their teeth to look like, is critical to their...
Bankruptcy, loan modification or both?
As the mortgage crisis continues unabated, more and more people facing foreclosure are also being forced into bankruptcy. It appears that a lot of...
Who Are You and Why Are You Here? Part 3 – Birth Charts and Business
One of the most useful aspects of the Zi Wei Do Shu birth chart is its ability to offer guidance in your career and confirm where your true passion...
2010 Feng Shui for your home and office (Part 4 of 4)
TO CONCLUDE the 2010 Home and Office forecasts, here are the forecasts for the West and Southwest directions of your home and office. General...
Why family businesses are special
WE ALL have opinions and sometimes we hold very divergent views, as you would imagine when you bring together a group of people who are active within...
2010 global forecast - Gen Yin: Year of the Wood Tiger (Part 2 of 3)
SOUTH – 8, 8, 3 Texas, Brazil, Africa, Hong KongStar 3 relates to springtime and supports the inherent fire energies of the south. In spring 2010,...
Who are involved in a living trust?
TO answer the recurring question that I receive, let us scrutinize the parties involved in a living trust.The Grantor (also called settlor, trustor,...
Does hell exist?
Many people think that hell does not exist. They think that such a horrid place cannot exist because a loving God would not create such a terrible...
Mutual funds: Another way to invest
IF YOU are the average person, you may have a 401(k) with your company, and you might even have an Individual Retirement Account with a bank or other...
Liu Feng Shui Grand View Factor 22: Philosophy of Life
LIU FENG Shui Grand View is the trademark philosophy developed by Grand Master Chi-Jen Liu. From decades of research and experience in feng shui and...
Don’t become a victim of foreclosure scams
IN the current foreclosure crisis, predators are on a feeding frenzy on desperate homeowners needing help. I have heard a lot of horror stories from...