Atty. Conrado "Joe" Sayas

How your internet presence may affect your lawsuit

Sunday, 26 July 2009 21:11 Atty. Conrado Joe Sayas

THE internet has become one of the most powerful instruments for socializing and reaching out to people. Social networking sites have become virtual coffee shops where people meet new friends or catch up with old ones by "posting" information on their personal sites. The information could be written or photographic in nature.

Because of the abundance of information posted on social networking websites, attorneys looking for evidence in their cases are going online to obtain information for use in the lawsuits. How is this relevant to one involved in a lawsuit?

Accountants without CPA licenses are entitled to overtime pay

Sunday, 19 July 2009 20:18 Atty. Conrado Joe Sayas

Q: I HAVE worked as a staff accountant for a company in downtown Los Angeles for the last 5 years. I am a Certified Public Accountant in the Philippines but not licensed here in California. I have prepared billing statements and invoices for the company’s clients, including additional clerical, bookkeeping, data entry and general law office tasks. I have consistently worked between 9-10 hours a day and occasionally work on a weekend. I have received a monthly salary but had not been receiving any compensation for overtime. Am I entitled to overtime payment from my employer?
A: It appears you are entitled to overtime payments for those days you worked in excess of 8 hours per day or times that you worked in excess of 40 hours per week.

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Top ten steamy showbiz dads

Sunday, 12 July 2009 23:07 Monet Lu

Once again, I’d like to thank everyone who supported the Beautiful Life! Event--AToast to Ruffa Gutierrez last June 28. It’s very humbling to see the extended media coverage of the event on TV Patrol, Balitang Amerika, and Ruffa & Ai, among others. Maraming salamat! I’ve decided to make this week’s column all about fathers. I’m afraid failed to pay tribute to all the great dads during Father’s Day so here’s my belated effort.
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Being an independent contractor or 1099 worker: Is it good or bad for you?(Part 2)

Sunday, 12 July 2009 22:58 Atty. Conrado Joe Sayas

LAST week, we discussed why it makes a difference for a worker if he or she is classified as an independent contractor (i.e., a 1099 worker) or an employee. While advantageous for the employer, it is generally unfavorable to the employee. Independent contractors are not employees and do not have the same rights and protections that employees enjoy. For instance, independent contractors do not have the rights to minimum wage or overtime payment that employees have. The former cannot claim overtime compensation or the premium (1.5 or 2 times) hourly rate and they lose significant compensation simply because of the classification.
Unlike employees independent contractors or 1099 workers cannot avail of the basic employment benefits such as unemployment or worker’s compensation protection. Consider the following problem: a worker who is laid off or terminated needs emergency money while looking for another job. In this situation, employees can obtain unemployment benefits to assist them while they are looking for another job. However, independent contractors are not entitled to the same unemployment benefits.
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Is arbitration favorable to consumers and employees?

Sunday, 28 June 2009 21:32 Atty. Conrado Joe Sayas

Q: AS a consumer who signs agreements in connection with a credit card or cell phone application, I see the term "arbitration" all the time. I even see it in some employment contracts. I heard that arbitration is good for the consumer or employee since it will save money and time. Is this true? Is arbitration really better for consumers and employees?
A: Generally, arbitration is not advantageous to consumers or employees. In fact, the evidence gathered so far by several consumer advocate groups, indicate that arbitration favors the business or company rather than the consumer.
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Protecting employees when they assert their rights

Saturday, 20 June 2009 06:44 Atty. Conrado Joe Sayas

IN PREVIOUS issues we discussed an employee’s right to refuse an employer’s instruction to perform work that violates the law. If the employer retaliates against the employee because of the refusal to do an unlawful act, the employee may file a whistleblower or retaliation claim.
How can an employee know if the he or she has a whistleblower or retaliation claim? The following guidelines are helpful:
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New regulations to stop illegal cancellations of health insurance

Friday, 12 June 2009 22:29 Atty. Conrado Joe Sayas

THE California Department of Insurance (CDI) has published a new set of regulations governing the rescission of individual health insurance policies. "Rescission," as we have discussed in prior articles, is the insurance company’s practice of canceling an insurance policy after a claim for benefits has been made. The insurance company conducts what is called "post claims underwriting." Under this practice, it reviews the insurance application (long after it has issued the policy) in order to find undisclosed or incorrect information, which it then uses as a reason to cancel the policy. This usually occurs when an expensive claim is made on the policy.
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Obtaining travel documents from USCIS

Friday, 05 June 2009 22:15 Atty. Joel R. Bander

AS EVERYONE should be aware, when you file for adjustment of status you cannot travel outside of the United States until CIS approves your application. Considering the slow processing times applicants should seek to avail of Advance Parole in order to be able to travel internationally.
Advance Parole enable aliens currently in the United States to re-enter while the application for adjustment of status is still pending. Aliens in the United States are not eligible for Advance Parole if they are in the United States illegally and are an exchange alien subject to the foreign residence requirement. The Advance Parole, however, does not guarantee admission into the US Aliens with Advance Parole are still subject to the immigration inspection process at the port of entry.
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Uninsured motorist coverage protects you and your family

Friday, 05 June 2009 22:11 Atty. Conrado Joe Sayas

MANY COLUMNS ago, we discussed the importance of obtaining Uninsured Motorist (UM) coverage when obtaining car insurance. Based on many true-to-life stories this author has heard over the years, UM coverage is essential in providing that peace-of-mind value that an insurance coverage provides. Consider the following scenarios:
John was rear-ended in the freeway and suffered serious injuries. His medical bills were more than 100,000 and he was not able to work for 6 months. The claim he filed with the insurance company of the driver who hit him was denied because the other driver’s policy had expired. Since John’s policy did not include Uninsured Motorist (UM) coverage, he was unable to obtain compensation for his permanent injuries.
Lee suffered chronic spine injuries when a stolen car ran a red light and hit his car. The insurance company of the stolen car naturally denied coverage because the car thief was not an authorized driver. Lee did not have UM coverage and so ended up paying for his hospital bills out of his own pocket.Jane was crossing the street after parking her car when she was hit by a car which immediately left the scene and was never identified afterwards. Even if she was not driving her car at the time of the accident, Jane could still have recovered benefits under her own auto policy. However, Jane did not have UM coverage so her permanent disfigurement, pain and suffering remained uncompensated.
It is undisputed that each one of the above drivers carried the required liability car insurance. However, thinking that Uninsured Motorist (UM) coverage is just wasted premium, they did not obtain it.
UM coverage pays for damages to you and your family if the other driver responsible for the accident is uninsured.
UM coverage will pay not only for medical bills and loss of earnings but also for the damages for pain and suffering that could have been recovered from the errant driver’s insurance. UM coverage also protects you if the other driver does not have adequate limits in his/her policy. Most drivers only carry the minimum $15,000 coverage. This amount is often not enough if there are serious injuries involved. It is, therefore, wiser to have coverage which exceeds the minimum amount.
It is very alarming to note that the already high rate of uninsured drivers in California continues to increase due to these difficult economic times. Despite the law requiring liability insurance, more and more drivers are choosing not to obtain car insurance in order to save the money that they would otherwise pay for premiums. As California sinks further into recession, the uninsured motorist rate is expected to climb higher. By year 2010, it is projected that one in six California drivers driving on California’s streets and highways will have no insurance coverage.
People tend to think of a serious accident as something that happens to other people. But accidents happen all the time – both to the reckless and the cautious. And even though it seems unfair that responsible drivers will have to pay the damages that an uninsured motorist has caused, the responsible drivers will thank themselves down the road for their foresight in purchasing UM coverage.
After all, the benefits of UM coverage go to you and your family, and not to the uninsured motorist.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
( www.asianjournal.com )
( Published on June 6, 2009 in Asian Journal Los Angeles p C3 )