General Interest Atty. Conrado "Joe" Sayas
Dear Monet,
Just call me nervous bride. My wedding is in early November and while it’s still three months away, I’m already dreading my lack of direction in terms of preparing for the big day.
I read your articles about weddings and I would like to know if it’s really as breezy as you make it sound. I’ve consulted wedding planning books but I feel like I’m missing a personal, real-person advice.
MANY employees hesitate to pursue valid wage claims thinking that these claims are too small to require an attorney’s time. They also believe that litigation costs too much and the payoff may not be worth it. Employees also fear that employers will fire them or give them a hard time for asserting their rights. Even though these concerns may be valid, employees should know that they have available legal remedies. One effective remedy is by means of an employment class action.
What Is an Employment Class Action?
WHEN no other means of debt relief are available, filing for bankruptcy may be the only way to get out of debt for most people. The good news is that the old stigma associated with filing bankruptcy no longer really exists and most people who file bankruptcy usually rebuild credit very successfully in only 2-3 years. Of course, this doesn’t mean that you should take the decision to file lightly. Filing bankruptcy is still a very serious decision and is one that must be made with the expert assistance of a knowledgeable and experienced attorney. When done correctly, however, it could be the best decision you ever made to turn a hopeless situation around.
There are 2 basic types of bankruptcy for individuals. Chapter 7 bankruptcy allows you discharge all outstanding debts that you can no longer pay with the exception of certain types of debts such as student loans, taxes and child support. The process begins by filing a "petition for relief" with the bankruptcy court. Once the petition is filed, creditors are automatically prohibited from pursuing or continuing any legal action against the debtor or the debtor’s property unless they get permission from the court. Thus, collection calls, lawsuits, wage garnishments, repossessions and foreclosure are stopped immediately.
Q: I RECENTLY tried to return to work after 10 months of disability leave. I showed my boss my doctor’s certificate saying I should not do a lot of driving but I can do deskwork. Since driving was very important to my work, this means I could not go back to my old duties. I asked if I could be transferred to another position that would accommodate my restrictions. I was told that there are no other positions open and I would have to be terminated. However, our company was hiring and there are lower level positions for which I would qualify. What are my rights?
A: Your employer may have a duty to offer you the vacant lower level positions to comply with its duty to provide reasonable accommodation. California law prohibits discrimination based on disability or medical condition. An employer may not refuse to hire, train, or promote an employee based on disability. An employer may not terminate an employee or discriminate against the employee in compensation or other conditions of employment based on the employee’s disability or medical condition.
AN often overlooked tool for individuals seeking entry into the United States despite an inadmissibility on their record is the Section 212(d)(3) waiver. Section 212(d)(3) of the Immigration and Nationality Act is a generous provision which helps those seeking to enter the US for a temporary purpose, despite any one of a number of inadmissibility grounds. These grounds can include prior crimes, immigration misrepresentations, or health-related grounds, among others. The waiver provision applies to virtually all grounds of inadmissibility, except certain security related grounds.
With such broad coverage, it is imperative that our foreign friends considering a temporary visit to the US are aware of the parameters and powers of Section 212(d)(3) relief. The nonimmigrant visa waiver is only available to those who are applying for a temporary visa, such as a student, visitor, business or temporary worker visa. Intra-company transferees and investors hailing from treaty countries are also included, as are individuals of extraordinary ability and performance artists. Ever wonder how that favorite musician or athlete made it into the US for a concert despite their past troubles with the law? Meanwhile, those permanently immigrating to the US based on petitions from family members and fiancé(e)s are not eligible for the Section 212(d)(3) waiver.
ONE of the most important aspects of a wage claim is how employees can prove that their employer owes them additional compensation for hours worked. If an employee is claiming unpaid overtime or that he or she never takes a meal break but works during lunch, it is useful for the employee to have kept accurate time records during the work period.
Although the law does not require employers to use time clocks, the law does require employers to keep accurate records. These records should be in ink or other indelible form that show when non-exempt employees begin and end each work period. The records must show the actual hours worked by the employee. Work schedules posted in advance cannot be used to compute the employee’s work hours.
Q. LOOKING at my time cards, I noticed I usually worked more than 8 hours, sometimes 25 minutes, or up to 45 minutes more than my normal shift. My boss rounds this down to 8 hours. Am I entitled to be paid for the extra minutes even if it does not reach 1 hour?
A. Yes. You are entitled to wages not only at your regular rate but at the overtime rate of 1½ times your regular rate, for any hour or fraction of an hour in excess of 8 hours per day.
AUTO accidents, especially when they result in serious injuries, have important consequences to the lives of consumers. Rights to medical treatments, lost wages, compensation for pain and suffering may be at stake when these accidents occur. It would help if consumers ask themselves every now then the following question: In the event of an auto accident, what can I do to protect my rights? The following tips might prove useful:
1. Gather relevant information at the scene of the accident
Some of the important information that should be taken down are:
EVERYDAY people ask themselves, "How much Homeowner’s Insurance do I need?" The answer varies, depending on each person’s situation. Usually you should insure your home for its whole value, this means the actual building and all of its contents.
In order to find out exactly how much your home is worth, you should have it appraised. You can have an appraiser, builder or insurance agent give you an estimate on its value. However, if you ever re-model or add on to your home, its value will increase, and you will then need to purchase more coverage.
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