Asian Journal- The Filipino-American Community Newspaper

Monday
Feb 06th
Text size
  • Increase font size
  • Default font size
  • Decrease font size
Home Immigration 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

(2 votes, average: 5.00 out of 5)

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