Law Office of Bowman &
Associates, APC. - Legal Blog
March 12, 2010 |
By Robert Bowman Jr.
CHARLESTON — A former employee is suing PJ’s Preschool & Daycare and two of its employees for wrongful termination.
Erin Casto was employed as a teacher at the daycare from Aug. 1, 2008, until Aug. 19, 2009, according to a complaint filed Feb. 18 in Kanawha Circuit Court.
Casto claims Pamela Simpkins and Roxanne Hanson terminated her employment and informed her that the reason for her discharge was because a parent of a child at the preschool was threatening to file a lawsuit over a report Casto made to child protective services.
The termination of Casto’s employment “is intolerable in a civilized society as it violated the public policy of West Virginia, which mandates the reporting of child abuse and neglect,” according to the suit.
Casto claims her termination discourages and serves to chill a policy that is designed to protect children from neglect and abuse.
The defendants also failed to pay Casto her wages within 72 hours, according to the suit.
Casto is seeking lost wages and benefits; reinstatement; statutory damages for wages not timely paid; fees and costs; and damages for humiliation, mental stress and inconvenience. She is being represented by Paul S. Perfater and Roger D. Forman.
The case has been assigned to Circuit Judge Jennifer Bailey. Read More »
Posted in Employment Law Blog, Sacramento Attorney
Tagged attorneys, California, employee, employee law, employment, fired, job, lawyers, Northern California, Sacramento, wrongful termination
March 4, 2010 |
By Sean Gavin
Many employees earn tips. Normally these tips belong to the people who efforts earned the tip in the first place. Almost 60 years ago, the United States Supreme Court recognized this principle, holding that “in businesses where tipping is customary, the tips, in the absence of an explicit contrary understanding, belong to the recipient. Where, however, [such] an arrangement is made…, in the absence of statutory interference, no reason is perceived for its invalidity.” Williams v. Jacksonville Terminal Co., 315 U.S. 386, 397 (1942)
Under the Fair Labor Standards Act, employers must pay their employees a minimum wage. The FLSA’s definition of “wage” recognizes that under certain circumstances, employers of “tipped employees” may include part of such employees’ tips as wage payments. The FLSA provides in relevant part:
In determining the wage an employer is required to pay a tipped employee, the amount paid such employee by the employee’s employer shall be an amount equal to—
- the cash wage paid such employee which for purposes of such determination shall be not less than the cash wage required to be paid such an employee on August 20, 1996; and
- an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in paragraph (1) and the wage in effect under section 206(a)(1) of this title.
The additional amount on account of tips may not exceed the value of the tips actually received by an employee. The preceding 2 sentences shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this subsection, and all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
This means two things. First, it means that an employer may validly require its employees to participate in a tip pool. Second, it means that if the employer pays less than the minimum wage, the employer may make up the difference with a “tip credit.” As a result, if the cash wage plus the tips do not equal minimum wage, the employer must “top-up” the cash wage.
Many employers fail in this responsibility. In this case, the employee may have a valid case either in Superior Court or before the California Labor Commissioner. Read More »
Posted in Employment Law Blog, Sacramento Attorney
Tagged California Labor Commissioner, employees, employment law, gratuity, minimum wage, Northern California, pooling tips, restaurant, Sacramento, Sean Gavin, Superior Court
February 28, 2010 |
By Tonya Hernandez
Bankruptcy laws have evolved over the last several decades into a maze of legal proceedings that affect not only a person’s present financial stability, but future financial obligations and responsibilities as well. Using the professional services of a bankruptcy attorney is not only wise in the short run but ensures fairness in the protection of one’s assets for years to come.
There are five main reasons why people need a bankruptcy attorney.
1. Attorneys Speak the Language of the Court
Words commonly used in legal proceedings have developed specialized definitions that are used solely in the courtroom. When the same word is used outside of the courtroom it may carry an entirely different meaning. Some of the words and terms used during legal proceedings have no common usage on the street in everyday conversation. Hiring a bankruptcy attorney to speak on behalf of the client ensures that the client’s best interests are both heard and understood by all parties.
2. Protection of Rights
A bankruptcy attorney is trained to protect a client’s legal rights and negotiate a fair settlement of assets and debts. It’s possible for people who are filing for bankruptcy and who are unrepresented by legal counsel to be taken advantage of in unfair ways. The law provides a level of protection in bankruptcy court that attorneys understand. People who enter into bankruptcy proceedings unrepresented by an attorney may find themselves victimized by unscrupulous creditors.
3. Future Financial Damage
Bankruptcies involve not only the possible liquidation of present assets but create even more problems down the road. Attorneys will help clients to minimize the future effects of a bankruptcy as it relates to credit ratings, loans and other financial matters.
4. Ignorance of the Law
Most people who petition for bankruptcy protection have absolutely no idea of how to proceed in filing the necessary paperwork. Courts are highly structured with formidable filing requirements that the average citizen knows nothing about. A good attorney will file the proper paperwork at the right time and for the right reasons.
5. Fairness
At the heart of bankruptcy proceedings is fairness. People do not intentionally end up in a bankruptcy. An attorney who represents the client’s interests will present a case to the court that accurately reflects the facts and explains why the client is there. Creditors understandably want to be paid what they are owed but the days of debtor’s prison are long gone. A bankruptcy attorney is qualified to negotiate a fair settlement that will benefit both the client and the creditors. Read More »
Posted in Bankruptcy Blog, Sacramento Attorney
Tagged attorney, bankruptcy, bowman, California, chapter 13, chapter 7, court, financial, foreclosure, legal proceedings, Northern California, protection, Sacramento, settlement, Tonya Hernandez
February 26, 2010 |
By Alice Strömbom
A state appeals court is ordering Wal-Mart stores Inc. to pay workers’ compensation benefits to a worker who was injured when he was exposed to carbon monoxide while on the job. Donald Greg Wells sustained his injuries in 2005 while in a freezer at a Wal-Mart distribution center.
Wells says that the carbon monoxide came from welding machinery and generators that were being used to renovate the freezer, which was nonventilated. Following the work accident, he filed a workers’ compensation claim to obtain work injury benefits from his employer and sued the two contractors involved in the renovation.
Wells received a $900,000 award from his third party claim. It was at this point that Wal-Mart contended that Wells should only recover from either the civil case or the workers’ compensation claim.
The state’s Workers’ Compensation Board and an administrative law judge disagreed with Wal-Mart. The judge awarded Wells almost $441,000 in medical costs and income. The appellate court agreed with the judge’s ruling and said because Wal-Mart should receive a $126,811 subrogation credit, the company should pay wells approximately $317,000.
Carbon Monoxide Exposure
Exposure to CO, a colorless, odorless, and toxic gas can kill you. A person may not even realize the gas has infiltrated the air before the damage is done. Exposure to lower levels of CO can cause flu-like symptoms, such as dizziness, headaches, nausea, disorientation, and fatigue. Read More »
Posted in Sacramento Attorney, Workers' Compensation Blog
Tagged benefits, California, carbon monoxide, court, employee, hurt, judge, Kentucky, Sacramento, settlement, Wal-Mart, work accident, workers' comp, Workers' Compensation
February 23, 2010 |
By Kara Keister
CHARLESTON — A Fayette County woman is suing her former employer after she claims she was wrongfully terminated.
Mary Selinger worked for Loved Ones In Home Care Inc. and claims she consistently performed her duties in a satisfactory manner, according to a complaint filed Feb. 1 in Kanawha Circuit Court.
Selinger claims when she was informed she would no longer be paid time-and-a-half for overtime work, she complained about the policy change and notified the defendant of her belief that it was a violation of the law.
Selinger claims she also informed the defendant she would call the labor board to determine of the policy change was legal.
Shortly after she informed the defendant of what she would do, Loved Ones In Home Care “unlawfully and maliciously terminated the plaintiffs employment.”
Selinger claims the defendant’s actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to her rights.
Selinger is seeking lost wages and benefits, back pay, compensatory damages and punitive damages. She is being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak, PLLC.
The case has been assigned to Circuit Judge Jennifer Bailey. Read More »
Posted in Employment Law Blog, Sacramento Attorney
Tagged employment law, kara keister, lawsuit, North Carolina, Northern California, overtime work, Sacramento, terminated, wrongful termination, wrongfully terminated
February 14, 2010 |
By Tonya Hernandez
What if you had two choices: Pay the mortgage each month, or pay your credit card bill?
In the past, choosing was a no-brainer – put the money towards the roof over your head. But increasingly, Americans are starting to prioritize credit cards, meaning the mortgage gets left by the wayside, according to Atlanta bankruptcy attorneys.
So what’s changed? To start, the housing market. With one in every four homeowners underwater on their mortgage – and thus having no equity in their home – paying off a home loan can feel like throwing money away. On the other hand, paying the credit card bill allows us to keep using plastic to cover food, gas and clothes even when we aren’t bringing home enough bacon to afford them.
But even though our new priorities make sense under the circumstances, it doesn’t mean they’re the best – or only – choice.
There’s a tendency to feel in denial about foreclosure. While you can’t get away with defaulting on your credit for very long, you might go a few mortgage-free months before hearing anything from your bank. But that doesn’t mean you’ve escaped – you’re only putting off the inevitable. And remember, once you lose your house, you also lose all that money you’ve paid into it over the years – and the opportunity for it to regain its value, which chances are it will eventually.
What’s the best solution? Well, ideally, you’d reduce your reliance on your credit card. With smaller monthly bills, you’ll have more of your paycheck to allocate towards your home loan. Of course, you’ll still have debt that you’ll need to pay off, so you’ll eventually need to adjust your budget enough to start chipping away at that debt burden.
It’s possible to juggle both a mortgage and a credit card, but sometimes you’re stuck between a rock and a hard place. You have to choose one or the other, and both choices have consequences. If you can’t afford going without credit – and it’s jeopardizing your home – Chapter 13 or Chapter 7 bankruptcy can help.
The Sacramento Bankruptcy Attorneys of Bowman & Associates have helped clients across Northern California. If you or someone you know have questions regarding bankruptcy actions, contact our experienced Sacramento Bankruptcy Law Firm today for your free initial consultation.
[source]
February 12, 2010 |
By Robert Bowman Jr.
A client found out the hard way about aggressive debt collectors making harassing phone calls and using abusive language. They would call sometimes three or four times a day. The client bought a fridge on credit and stopped paying when she lost her job. Collection agents said she owed $4,500 and threatened to seize her furniture and car and “send immigration to the house.” They contacted her neighbors and boss about her debt, all in violation of the law.
Attorney Sergei Lemberg, a recognized expert on Fair Debt Collection Practices has written an excellent article on this issue and we are featuring this article below. For more information click here: Fair Debt Collection Practices Act
In today’s economy, it’s all too easy to get behind in paying your bills. For many people, simply juggling living expenses involves racking up more debt. To make matters worse, people with the best of intentions get crushed under the burden of mountains of debt, and then are subjected to calls, letters, and harassment by bill collectors. In these stressful times, it’s more important than ever to understand bill collectors and your rights.
Who are bill collectors? Well, there are two primary types of debt collectors. The first consist of those who are from the original creditor. So, for example, if you get behind in your Visa bill, chances are good that you’ll hear from collectors who are employed by the bank that issued your Visa card. This is your original creditor.
The second type of bill collectors are third-party debt collection agencies. These are companies that are either hired by your original creditor, or who have purchased old debt that’s been written off as a loss by your original creditor. When debt collection agencies are hired by a creditor, they typically work on commission. In other words, they get a percentage of the amount the collect. This is powerful incentive to put the squeeze on consumers for every dime they can get. When an agency buys up debt, they usually pay pennies on the dollar and actually own the debt. So, almost everything they collect is pure profit – another powerful incentive.
When a third party agency comes calling, you’re protected from harassment and other illegal practices by the Fair Debt Collection Practices Act. The FDCPA outlines a whole range of illegal behaviors and lines that debt collection agencies can’t cross. Aside from that, the FDCPA says that, if you ask for it, the bill collector must provide proof that you owe the money he’s asking for. This is extremely important for a couple of reasons.
First, debt collectors are notorious for trying to collect money that can’t be legally collected. Say, for example, that you have a bill that’s seven or ten years old. Chances are, the statute of limitations has run out and that bill is no longer collectible under the law.
Second, requesting the validation of a debt can buy you some time. The process of gathering the documentation and sending it to you can give you the breathing room you need to come up with a plan. The law says that debt collectors can’t continue to call you until they’ve established that the debt is truly yours to pay.
Knowing whom you’re dealing with and what options you have are important first steps in dealing with debt collection harassment.
The Sacramento Immigration Attorneys and Northern California Debt Collection Lawyers of Bowman & Associates have helped people throughout the state. If you or someone you know has legal questions regarding Immigration Law or Debt Collection, contact an Experienced Sacramento Law Firm at (916) 923-2800 today for your free initial consultation.
[source]
Posted in Debt Blog, Immigration Law Blog, Sacramento Attorney
Tagged attorney, bowman & associates, creditor, David Foos, debt, debt collection, illegal practices, immigration, Jesse Atwal, lawyer, Northern California, Sacramento, Visa card
February 7, 2010 |
By Robert Bowman Jr.
Former NFL star Warren Sapp was arrested by Miami Beach police this afternoon and charged with misdemeanor domestic battery stemming from an allegedly violent confrontation with his girlfriend.
According to the Miami Beach Police Department, Sapp is accused of attacking his girlfriend of two years at around 5:00 AM Saturday at the Shore Club Hotel.
According to the arrest report, the alleged victim had “a swollen right knee and bruises on the back of her neck.”
She claims Sapp allowed her to sleep in his hotel room — then came into the room early in the morning and pulled her out of bed. The alleged victim says they began arguing about guys she was hanging out with earlier Friday night.
Sapp’s girlfriend told cops that during the argument Sapp “grabbed her and began to choke her.” He eventually threw her out of the room, she claims.
When cops spoke to Sapp, he told them he had allowed the woman to stay in his room — but later on decided he wanted her to leave because “he was expecting company.” He told police he was trying to help her and she fell.
Sapp is in Miami for the Super Bowl and serves as an analyst for the NFL Network and on Showtime’s “Inside the NFL.”
The NFL Network released a statement saying they were aware of the incident and that Sapp will not appear on the NFL Network until they review the matter.
Sapp is scheduled to co-host an event at BED Miami tonight. They tell us they haven’t heard about the incident and, as of now, everything is still a go.
The Sacramento Domestic Abuse Defense Attorneys at Bowman & Associates have helped clients across Northern California. If you or someone you know are facing criminal charges, contact an experienced criminal lawyer in Sacramento today for your free initial consultation.
Posted in Criminal Law Blog, Sacramento Attorney
Tagged arrested, attack, celebrity, criminal law, domestic abuse, domestic battery, domestic violence, Florida, girlfriend, Miami, Warren Sapp
February 4, 2010 |
By Alice Strömbom
Yes (!) Many insurance companies have their own in-house investigation teams or will hire private firms specializing in surveillance work. If you’ve ever seen a private eye at work in the movies you have a good idea of what happens. Picture a couple of people sitting in a non-descript car across the street from your house, eating donuts and drinking coffee, and waiting for you to come out and start your day. They have a small video camera that starts rolling when they see you – or someone they think might be you. A couple of years ago, in the course of discovery, I had an insurance company provide film on one of my clients. I invited the client in to view the film. It was taken at a job site. My client laughed out loud when he saw the person on the monitor and said, “That’s not me! I know that guy – I went to high school with him!”
While initially pretty amusing, this is just one of the potential problems with surveillance film. Envision that film being sent to a medical legal evaluator for his or her review and comment. Now we have an evaluator commenting on what an injured worker can or can’t do based on film that isn’t even the injured worker. It happens more often than you’d think. That said, there are also very specific laws as to when surveillance film can or cannot be sent to a medical legal evaluator. If you have any questions on surveillance film or workers’ compensation in general, give me a call. I’d be happy to answer your questions.
Sacramento Workers’ Comp. Attorney Alice Strömbom serves clients across Northern California. If you or someone you know has experienced a work injury, contact an experienced workers’ compensation lawyer at Bowman & Associates today for your free initial consultation; (916) 923-2800.
February 3, 2010 |
By Jesse Atwal
If a U.S. citizen wishes to bring his or her partner to the United States on a marriage or fiancé visa, he or she will need to apply for either a K-1 or a K-3 visa.
The K-1 Visa:
The K-1 can be referred to as the “Fiancé (e)” visa, and is used for couples who are NOT yet married, but plan on getting married. A couple obtaining a K-1 visa will have 90 days of courtship within the U.S. before the wedding must take place. The immigrating partner can reside in the U.S. during this time, which serves to grant the couple time before the upcoming wedding and allows a solidifying of the fiancé’s commitment to one and other.
Because of these requirements and procedures, K-1 visas are typically approved faster than K-3 visas. The single drawback of a K-1 visa is that once the 90-day courtship expires, the foreign partner will be forced to leave the country and proving the relationship as legitimate will become increasingly more difficult.
ADVANTAGES:
- K1 is for you if you cannot travel to your partner’s native country to be married
- The 90 days of courtship grant time to fill out green card applications
- K-1 visas allow one to enter the US more than once
- One has a choice of returning to one’s home country or residing in the U.S. (you need to apply for a green card however), after the marriage ceremony
- Unmarried children under age 21, can accompany you and your fiancé as they will be made K-2 visa holders
- K-1 and K-3 visa holders have the right to use an attorney as their liaison between themselves and government immigration agencies.
The K-3 Visa:
Can be referred to as the “marriage” visa, which should be used if one IS or PLANS on being married IN the foreign partner’s native country, before settling within the United States. If one is married in a foreign country, the K-3 visa is needed, but gives immediate legal U.S. residency as well as granting free travel between the U.S. and the partner’s foreign country. In addition, the K-3 requires little verification of marriage to immigration consultants. The K-3 carries a few disadvantages such as the fact that permission must be granted by the foreign government to get married there (differences in marriage laws can cause problems). The application process requires two petitions instead of one (as in the case of a K-1), and all documents must be translated to the foreign country’s language. Missing even a single document can cause major setbacks and delays, which one should keep in mind, as well as dealing with foreign immigration officers, which can be difficult. In order to avoid these delays our Immigration law team can assist you to move this lengthy process forward in an expedited manner.
The Sacramento Immigration Attorneys of Bowman & Associates have helped clients across Northern California with their immigration issues. If you or someone you know has a question about an immigration issue, contact an Experienced Immigration Lawyer in Sacramento today for your free initial consultation. We are here to help!
Posted in Immigration Law Blog, Sacramento Attorney
Tagged bowman & associates, fiance visa, foreign, green card, Immigration Law, Jesse Atwal, K-1 Visa, K-3 Visa, marriage visa, Sacramento, wedding
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