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San Gabriel Valley Master Key – Episode 34 – Terry Tornek

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 34 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released today! Episode 34 features Terry Tornek, former Mayor of Pasadena.

Episode Description:

Terry Tornek was born and raised in Brooklyn, New York. He attended the Yeshivah of Flatbush and Erasmus Hall High School where he met his future wife, Maria Mascoli and served as President of the New York City Student Council. After marrying and serving in the US Army National Guard (Airborne) Terry worked for the US Dept. of Housing and Urban Development and then earned a Masters of Science in Urban Planning from Columbia University’s School of Architecture while Maria was a public school teacher on the Lower East Side. In 1982 the family moved to Pasadena where Terry accepted the position of Planning Director. He was hired because of his history of neighborhood improvement and historic preservation. Terry served for 3 years and helped to establish the redevelopment plan for Old Pasadena. He was elected to represent District 7 on the City Council in April, 2009, was reelected in 2013 and was then elected as Mayor in April, 2015 serving until December, 2020.

Available now on Spotify, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]
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Advance Parole – Permission for Re-entry to the US Without a Visa

Topics: Immigration

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Advance parole is an immigration travel document that can make it very easy for immigrants seeking asylum or permanent residence to leave and re-enter the United States without harming their pending immigration applications.  Leaving the country while awaiting a green card or asylum hearing, even if you have been in the United States legally, could lead to being refused entry upon your return.  Worse, your pending immigration application would be rejected due to "abandonment". Advance parole is received by filing Form I-131, Application for Travel Document.  For non-emergency travel, it can take several months for the form to be processed by United States Citizenship and Immigration Services (USCIS) and a decision to be reached, so it is strongly suggested to plan ahead.  For emergency travel, such as a death in the family, medical concerns, or extreme business hardships, USCIS may issue a same-day advance parole document after an appointment at a local field office.  For emergency advance parole to be considered, applicants should bring a completed and signed Form I-131, the correct filing fee, two passport-style photos, and evidence of the emergency to their appointment. It is important to note that advance parole does not guarantee re-entry into the United States.  Similar to a visa, everyone who is not a US citizen is subject to an immigration review prior to being admitted into the country.  Some common reasons for being denied admission, even while possessing a valid advance parole document, include legal status expiring prior to reentry or previous unlawful presence in the country. When seeking advance parole, the most important things are completing the Form I-131 accurately, submitting it with the appropriate evidence with enough time to receive the travel documents prior to leaving the country, and completing biometrics capture at an Application Support Center (ASC) prior to departure.  If you are an immigrant to the United States and are planning to travel outside of the country, an experienced immigration law firm can help you determine if seeking advance parole is right for your situation.  If advance parole would be of benefit, the immigration lawyers at the Law Offices of Scott Warmuth can help you complete the process quickly and accurately.  We provide free consultations at 888-517-9888.
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Attorney Jean Power Discusses Wrongful Termination

Topics: Employment Law

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[vc_row][vc_column][vc_column_text]California is an at-will employment state. This generally means that an employer can terminate an employee at any time for any reason. However, an employer cannot terminate an employee for an illegal or discriminatory reason, which could give rise to a Wrongful Termination Claim.  In the video below, attorney Jean Power describes some common examples of wrongful termination cases and what you can do to enforce your rights![/vc_column_text][vc_video link="https://www.youtube.com/watch?v=jJb_EwQCOik" el_width="60" align="center"][vc_column_text]For a free employment discrimination consultations, call the Law Offices of Scott Warmuth at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 33 – Huod Taing

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 33 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released today! Episode 33 features Huod Taing, restaurateur and creator of Tony's Donut House.

Episode Description:

Huod Taing is an entrepreneur and a family man of Asian ancestry. His childhood was always full of change due to his family moving homes every few years in pursuit of work.  After years of sacrifice they finally achieved the American dream in the San Gabriel Valley.

With a passion for creating and curiosity for new things he has been involved in numerous restaurant creations. His latest one being “Tony’s Donut House” in the city of Baldwin Park. With no formal schooling he honed his trade the old fashion way with his bare hands and a lot of sweat and tears. His life motto is “Press On” as quoted by Calvin Coolidge.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]
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Federal Independent Contractor Rule Rescinded

Topics: Employment Law

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Announced Wednesday by the US Department of Labor and published yesterday, a Trump-era rule known as the "Independent Contractor Rule" which limited some workers' rights was rescinded.  The Independent Contractor Rule limited the ability of gig workers, contract workers, and employees misclassified as independent contractors to pursue correct classification, minimum wage, and overtime.  The US Secretary of Labor says that the goal of the policy reversal is to "preserve essential worker rights and stop the erosion of worker protections". The Department of Labor listed three main reasons why they are rescinding the rule:
  • The rule did not meet the requirements of the Fair Labor Standards Act and rulings by the judicial branch
  • The focus on two core factors (control over one's work and one's opportunity for profit or loss based on initiative and/or investment) was not a balanced approach to determining employment relationships
  • The rule took too narrow a view to determine worker status
See the full Department of Labor press release here. A battle over this type of employee classification happened recently in California.  In 2019, California Assembly Bill 5 was passed, expanding the definition of what an employee is. AB 5 would have given employee benefits to many gig and contract workers, including Uber and Lyft drivers.  Before the law could take effect, the affected companies rallied behind Proposition 22, a 2020 ballot measure which exempted app-based drivers from AB 5, spending over $200 million to promote voting yes on Prop 22.  Prop 22 passed with 59 percent of the vote.  The passage of Prop 22 is one of several reasons why ridesharing companies are struggling to find enough drivers as demand begins to increase. Though the withdrawal of the Independent Contractor Rule only returns the government's view of employee classification to the status quo, ride sharing companies have seen it as an attack on their business.  It is unknown what may happen if the 2020 battle over Prop 22 is taken to the national stage. Employment law protects the rights of workers, including workers who may be incorrectly classified as independent contractors.  Independent contractors who are misclassified lose access to many important employee benefits, including minimum wages, overtime pay, unemployment, and more.  Unsure if you should be classified as an employee or independent contractor?  The IRS provides some guidelines as to what workers should qualify as an employee. The Law Offices of Scott Warmuth's employment law division can help employees misclassified as independent contractors ensure they receive all their entitled benefits.  Call us today at 888-517-9888 for a free consultation and case evaluation.
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Southern California Approaching Normal Traffic Levels

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The COVID-19 global pandemic closed schools, forced many businesses to scale back operations, and led many employees to begin working from home.  These actions resulted in a significant drop of vehicles on the roads over the past year.  Now, with businesses beginning to operate at a higher capacity, some children attending in-person learning, and workers returning to the job site, and vaccinations in full swing, traffic in Southern California is approaching pre-pandemic levels.  It is unknown what affect the return to normal traffic will have on road safety. Now, one might assume that with more vehicles on the road the dangers might increase, but that may not necessarily be true.  It may see counterintuitive, but in 2020, with fewer vehicles on the road and fewer miles driven, the total number of traffic-related fatalities increased 8 percent in 2020 over 2019.  Traffic deaths had been steadily falling since 2016 but reversed during the pandemic.  According to the National Safety Council, the fatality rate per 100 million miles driven increased 24% last year, its largest ever recorded increase.  The total number of 2020 traffic deaths in the US was the highest seen since 2007. With fewer vehicles on the road, many drivers adopted incredibly bad driving behaviors.  Early in the pandemic, the number of tickets issued for driving over 100mph surged in California.  Driving experts are unsure if the bad behaviors will abate with the return to normal traffic levels.  The Law Offices of Scott Warmuth encourages responsible driving.  If you are getting back on the road, please be courteous to all the other drivers on the roads! In the event that your driving courtesy is not returned and someone crashes into your vehicle, our team of car accident lawyers can help you seek medical treatment, repair your vehicle, recover lost wages, and seek compensation for your pain and suffering.  Our auto accident injury experts provide 100% free consultations and case evaluations.  Call us at 888-517-9888 today![/vc_column_text][/vc_column][/vc_row]
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Repetitive Motion Injuries at Work

Topics: Workers' Compensation

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No one expects or wants to suffer an on the job injury, but injuries do happen; it is why employers are required by law to provide workers' compensation coverage for their workers.  Workers' compensation insurance is designed to provide benefits to injured workers when a work injury occurs.  Most workers understand that if they suffer an injury as the result of a sudden workplace accident, such as a fall from a ladder, car accident while on duty, or slip and fall, that they will be covered.  However, many workers overlook the possibility of an injury that occurs over time. Injuries that develop over time after continuously performing a task for weeks, months, or years are called repetitive motion injuries.  The most well-known type of repetitive motion injury is likely Capral Tunnel Syndrome, which can cause weakness, numbing, or tingling in the hand because of nerve pressure stemming from typing or writing. Other common types of repetitive injuries include tendinitis (inflammation of the tendons) and bursitis (inflammation of the bursae), both of which can affect many areas of the body, including the neck, shoulder, elbow, hips, and knees. Repetitive motion injuries can manifest as pain, discomfort, swelling, tingling, numbness, or weakness without any visible sign of injury or inflammation.  Due to their nature, many workers do not identify or report their repetitive motion injury early on and continue to perform their assigned tasks, further aggravating the injury.  Many workers only report the injury when the injury becomes painful and the discomfort become unbearable.  The delay in reporting the injury also makes the injury more difficult to treat. Fortunately for workers, repetitive motion injuries are eligible for workers' compensation benefits.  If a worker suspects that he or she is developing a repetitive motion injury it is important to report it and seek treatment as early as possible, before it becomes a chronic problem.  The Law Offices of Scott Warmuth helps injured workers navigate the complex California workers' compensation system.  We can help you seek treatment and compensation for lost wages.  We offer 100% free consultations and will not charge any fees if we cannot recover for you.  Call us today at 888-517-9888.
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San Gabriel Valley Master Key – Episode 32 – Michael Taing

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 32 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released today! Episode 32 features Michael Taing, entrepreneur and operator of Cha Cafe in El Monte.

Michael Taing grew up in the San Gabriel Valley and is an Asian American Entrepreneur and family man. He is the father of a special needs child and supports the hearing impaired community. With a passion for Culinary Creativity he enjoys the daily operations of Cha Cafe in El Monte. From personally picking fresh produce to making the sauces and working along side the staff he has a totally hands on approach to business.

Available now on Spotify, YouTube, Google Podcasts, Apple Podcasts, and iHeartRADIO!  Visit the San Gabriel Valley Master Key website for more information.[/vc_column_text][/vc_column][/vc_row]
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Know Your Rights – Paid COVID-19 Leave

Topics: Covid-19, Employment Law

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[vc_row][vc_column][vc_column_text]Employment Law Attorney Jean H. Power and Case File Manager Ting Xu discuss paid leave for COVID-19.  Workers who have not been paid the proper wages or have not been allowed entitled sick leave should contact our employment law team at 626-282-6868 for a free consultation and case evaluation.[/vc_column_text][vc_video link="https://www.youtube.com/watch?v=Beh6G_UAUwY" el_width="60" align="center"][/vc_column][/vc_row]
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Do You Need Insurance For a Rental Car?

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Every driver in California must have valid car insurance coverage before getting behind the wheel.  At the bare minimum, California drivers must have $15,000/$30,000 minimum liability coverage.  There are several other types of car insurance coverages that protect drivers, including the important uninsured/underinsured motorist coverage.  Insurance requirements are the same whether or not the driver owns the car, is borrowing the car, or is renting the car. In most circumstances, liability and comprehensive car insurance coverage applies to the driver, not the vehicle.  So if you insure a vehicle already, that coverage will extend to a rental vehicle.  But even with the extended coverage, there may be circumstances where you will want to at least consider purchasing additional insurance coverage when you rent a vehicle.  If you are not on any vehicle insurance policy you will need to procure rental insurance before being able to legally drive a rental vehicle.  Car rental agencies typically require proof of insurance before they will rent a vehicle. California has one of the lowest minimum liability requirements in the United States, so if you have the bare minimum in insurance coverage you may not meet the legal requirement of liability insurance in other states.  If you do not carry collision coverage and cause a crash, you may be on the hook for the repair of the rental vehicle.  If you do not carry comprehensive insurance coverage on your personal vehicle, you may be on the hook if your rental vehicle is stolen or suffers damage.  And even if you do carry coverage, that coverage may not be enough if you are renting a high-end vehicle. Prior to renting a vehicle, it is important to check for any potential gaps in insurance coverage.  Rental car companies typically offer insurances that cover liability, medical payments, comprehensive coverage, and personal property coverage.  If your car insurance covers does not cover any of those categories, it might be worth protecting yourself.  The best way to verify your insurance coverage when renting a vehicle is to contact your insurance company.  According to consumer finance website WalletHub, if you have personal auto insurance and pay for your rental with a credit card, you may not need additional coverage. The Law Offices of Scott Warmuth as previously explained why it is important to have car insurance, especially in California.  Whether you are driving your own vehicle or a rental, car insurance protects you and everyone else on the roads from possible financial disaster should a collision occur.  If you have been injured in a car crash, our auto accident attorneys can help you seek medical treatment and financial recovery.  Call us today at 888-517-9888 to receive a free case consultation.[/vc_column_text][/vc_column][/vc_row]