Sacramento Law Firm News & Updates

Lawmakers in Taiwan have been called upon to adjust the country’s labor laws to reduce the number of hours medical professionals are working. The average workweek for a medical professional consists of 75 hours, which has been described as beyond the physical capacities of most people.

Taiwan already has legislation in place to limit the hours worked by salaried employees to 84 hours over a two week period, but medical professionals are normally not salaried which excludes them from this legislation.

Several doctors in Taiwan have died as a result of over-exhaustion caused by the long work hours.

A bill limiting collective bargaining by public workers in Ohio has been repealed. The bill was attacking the right of organized labor to collectively bargain, but had quite a bit of bipartisan opposition. Labor leaders celebrated the overturn of the bill, which would have taken away most of the collective bargaining rights including the right to strike.

Political commentators have been speculating as to what the failure of this bill means in the broader scope of the upcoming presidential election.

A new law has gone into effect in Pennsylvania mandating that all school workers disclose their criminal history by the end of December. The law was signed intoaction by the governor of Pennsylvania in June, and went into effect last month by mandating background checks for all employees of schools.

The law bans anyone convicted of some crimes for a specified length of time. Some of the more serious crimes result in lifetime bans, whereas first-degree misdemeanors result in a five year ban.

The teachers’ union in Pennsylvania has taken issue with some of implementation by school districts. The forms the districts are requiring to be filled out ask about not only conviction but also arrest, and some lawyers have raised concerns about the retroactive nature of the law.

Any worker who refuses the form must submit a current criminal history record at their own expense.

Most everyone is aware that having a criminal conviction on their record can have serious detrimental effects on their life. People are routinely denied employment, housing, and educational opportunities because of a transgression that may be decades old. Fewer people are aware that a criminal conviction can also seriously limit their ability to travel abroad, even if those convictions seem minor.

The Canadian government is one of many countries that freely shares information about criminal convictions with the United States, and whether or not you will be allowed to cross their border is entirely at the discretion of the border guard. It is only natural that a country would not want to allow persons to enter who have been convicted of serious offenses or who have a long criminal history. However, you may be surprised to learn that one-time low level offenses can bar you as well. I have heard many stories of people driving up to the border or stepping off of a plane only to be told that they would not be allowed to enter Canada because at some point in their past they were convicted of shoplifting or reckless driving. This is always an embarrassing, potentially costly, lesson to learn the hard way. Read More »

Social media has added a new facet to employment law issues, as employers and employees are working to define the bounds of what constitutes allowable social media usage. Specifically, what are appropriate disciplinary actions for inappropriate online conduct.

There is speculation on whether employers can limit what employees are allowed to post about the company on their own time, as well as whether or not social media use on off hours can result in getting fired.

A Georgia judge recently ruled against a (now former) school teacher who allegedly lost her job due to Facebook pictures showing her holding alcoholic drinks while on vacation. A parent called to complain and the school fired her, the judge ruled in favor of the school’s action in the resulting lawsuit.

The recent NBA lockout could mean some teams may dissolve completely if a resolution isn’t met before the end of the season. Many are speculating that our Sacramento Kings are one of those teams who could take a hit.

So when CBS13 reporter Ben Sosenko needed an authority on employment law and contracts, he contacted The Law Office of Bowman & Associates, APC and spoke with founding attorney Robert Bowman on the issue.

Sacramento attorney Robert Bowman has spent years negotiating labor agreements. He thinks Hunter is preparing the players for a deal from the owners that might not be exactly what they’re looking for, but also one that isn’t as negative as a franchise dissolving.

“It sounds like he wants to set the tone for the players and say, ‘Hey, you’re going to have to make some concessions to make this work,” Bowman said.

– CBS Sacramento

Affecting Sudan and Designation for South Sudan

Current TPS Beneficiaries Also Granted Automatic Extension of Work Authorization

WASHINGTON— Secretary of Homeland Security Janet Napolitano extended the Temporary Protected Status (TPS) designation for Sudan for 18 months. She also designated the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

The Department of Homeland Security (DHS) is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012.

During the past year, DHS and the State Department have reviewed the conditions in Sudan and the Republic of South Sudan—a nation that came into existence on July 9, 2011. Based on this review, Secretary Napolitano has determined that an 18-month extension for Sudan is warranted due to the ongoing armed conflict and the extraordinary and temporary conditions that prompted the last TPS designation of Sudan on Oct. 7, 2004. Read More »

In California, losing your job doesn’t necessarily mean you have to walk away without a fight. California’s “at-will” employment doctrine states that employers can terminate or demote at-will employees without just cause, but there are exceptions. For example, if you are fired or demoted because of unlawful discrimination or other unlawful reasons, you may have a wrongful termination claim. The Law Offices of Bowman & Associates have years of experience dealing with these cases, and will put their skills to work for you if you feel you have been wrongfully terminated.

Losing your job, especially for unlawful reasons, is very stressful. When you suddenly lose your source of income, there isn’t much you can do. You may have a right to bring a wrongful termination claim against your former employer, especially if there was unlawful activity behind your termination. You may be able to negotiate a severance package that include adequate compensation if you haven’t officially left your job yet. The attorneys at Bowman & Associates will explain your options and make sure you understand the laws regarding your claim.

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Over the past 30 years, the Law Offices of Bowman & Associates have helped countless people through the complicated legal maze of criminal law with two objectives: First, to avoid time in jail, and second, to avoid a criminal conviction. If either of these things are possible in your case, we will strive to reach these goals and reduce the effects of a criminal case on your life.

Criminal Law cases require experienced and efficient criminal defense attorneys to prevent prison sentences and reduce or dismiss charges. At Bowman & Associates, we dedicate ourselves to protecting your rights and presuming innocence. Your case’s outcome can be seriously impacted by the skills of your attorney. Regardless of the severity of your crime, we will make sure your rights are protected from start to finish. Read More »

At some point or another in their life, the majority of Americans will need an attorney. In many situations it is something positive, for protection, such as buying a home or starting a business. In other unfortunate cases, it is to defend yourself from losing everything. If you are filing for bankruptcy, an experienced bankruptcy attorney is one of the most important elements for success. The complicated laws, courthouses, and processes are daunting to the average person. Choosing the right attorney to provide legal assistance is an important decision that you will have to make at some point in your life.

At The Law Offices of Bowman & Associates, you can depend on our high-quality legal representation that is designed to meet your needs. Every case is unique, and every individual deserves dedicated representation in their time of need. Our offices in Sacramento and Folsom can assist you with Chapter 7 and 13 bankruptcy, as well as foreclosure defense and debt collection relief. In the event that you are being sued by a debt collection agency, we will defend you aggressively in court. Read More »