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Supreme Court Hears Case on TPS and Green Cards

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The United States Supreme Court heard arguments Monday regarding the Temporary Protected Status (TPS) program and the ability of immigrants with TPS who entered the country without documents to seek green cards.  The case was brought by two Salvadoran immigrants who entered the US in 1997 and 1998, receiving TPS status in 2001 when El Salvador was designated as eligible.  It appears unlikely that the Supreme Court will decide in their favor.  The case is Sanchez v. Mayorkas. A ruling in this case could affect hundreds of thousands of immigrants from numerous countries who have TPS and entered the country without documentation.  At issue is the wording of a legal statute that states that immigrants must be "inspected and admitted or paroled into the United States" to adjust status.  United States Citizenship and Immigration Services (USCIS) and the 3rd Circuit Court of Appeals do not believe that the applicants meet this requirement, even though they have been in the country for more than 20 years.  US Supreme Court watchers believe that the majority of justices agree. A recent immigration bill that was passed in the US House of Representatives, named the American Dream and Promise Act of 2021, included the ability for TPS holders to seek permanent residency by specifying that all individuals with TPS designation are considered inspected and admitted.  However, the bill currently faces an uphill battle in the US Senate.  There is a small possibility that a ruling against the TPS applicants in this case could spur action in the Senate on this or another immigration bill. The Law Offices of Scott Warmuth continuously monitors any potential changes to immigration law so we can be prepared to immediately help our clients achieve their immigration goals.  We provide free initial immigration consultations and can help you determine any possible avenues to securing a visa or green card.  Call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 31 – Jean Power

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 31 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released today! Episode 31 features Jean Power, employment law attorney.

Jean Power is a civil litigator with a diverse base of legal experience. She currently focuses her legal practice primarily on labor and employment law, handling a diverse range of cases including wage and hour, class actions, PAGA claims, wrongful termination, and employment discrimination. As a results-oriented advocate, Jean leverages all available resources at the Law Offices of Scott Warmuth to obtain the best results possible for her clients. She works directly with the workers’ compensation team to ensure that no employers are taking advantage of injured workers and that all of our clients’ legal rights are protected.

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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Mitigating Risk for the Most Common Work Injuries

Topics: Workers' Compensation

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In 2019, the three most common work injuries that resulted in missed work days account for 84.3% of all incidents, according to the National Safety Council (NSC).  The top three causes are not likely to surprise many people:  overexertion, slip and falls, and coming into contact with or being struck by equipment.  These three causes resulted in about 750,000 cases of work injuries and millions of missed days of work.  Overexertion and slip and falls were most likely to be experienced by older workers, but equipment injuries were most likely to be experienced by young workers.

See the NSC infographic here. Not all workplace accidents can be prevented, but there are ways to mitigate risks for each of the common injury categories.

Overexertion injury prevention

Overexertion can occur when attempting to lift or move a heavy object or when making repetitive motions.  The back is the most likely body part to be injured from overexertion.  If your job requires significant lifting or moving of heavy objects, following the best practices for lifting can prevent injury.
  • Use equipment designed to help lift, such as a lifting belt and gloves
  • Use tools designed to help lift, such as a dolly or hand truck
  • Lift with the legs, not the back
  • Seek help if a load might be too heavy or awkward
  • Stretch prior to lifting
Help avoid repetitive motion injuries by using ergonomic equipment and/or braces to assist in your work.

Slip and fall injury prevention

The Law Offices of Scott Warmuth has previously blogged about slip and fall accidents.  There are steps you can take to reduce your risk of injury from a slip and fall, but much of the responsibility relies on employer practices.  Your place of employment should take the following steps to protect you:
  • Ensure a safe, clean workspace
  • Promptly clear any wet or slippery surfaces
  • Remove obstructions from narrow paths
  • Create a well-lit environment
But there are also actions you can take to reduce your risk of a slip and fall injury:
  • Wear the appropriate footwear for your environment
  • Avoid distracted walking, including talking on a cell phone
  • Avoid areas under construction or areas with hazard signs
  • Stay aware of your surroundings

Equipment injury prevention

It may be difficult to prevent injury in the event of equipment failure, but injuries involving properly functioning equipment can be prevented.  Some responsibilities for injury prevention will fall to management:
  • Provide a complete safety plan for workers
  • Research the hazards associated with workplace equipment
  • Provide education on those hazards to workers
  • Provide the appropriate personal protective equipment (PPE)
Workers who know they are working with potentially dangerous equipment can also help themselves:
  • Stay aware of your surroundings at all time
  • Stay knowledgeable about the risks of using or being near potentially dangerous equipment
  • Wear the appropriate PPE at all times
If you do become injured at work despite your best efforts, contact an attorney The California workers' compensation system is notoriously complex.  The Law Offices of Scott Warmuth helps injured workers navigate the system, receive treatment for their injuries, and seek financial help for missed work.  Our firm provides free initial consultations and if we do not win your case we will not charge you for our services.  Our workers' compensation attorneys are here to help.  Call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 30 – Glenn Evans (Part 2)

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 30 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released yesterday! Episode 30 features part 2 of a conversation with Glenn Evans, Director of Photography and Adventure Cameraman. Episode Description:

Glenn Evans is a Director of Photography and Adventure Camera man specializing in filming tv shows about Hidden Treasure, Ancient Architecture and Endangered and Exotic Animals. Glenn has filmed in 68 countries around the world for Discovery Channel, History Channel, Netflix, ABC and many other networks. Born in Oregon on a blueberry farm and leaving for California to work in the film and tv industry the camera has been Glenn’s key to world travel and adventure.

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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What is Debt Consolidation?

Topics: Debt Relief

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[vc_row][vc_column][vc_column_text]At its core, debt consolidation is a potential avenue to eliminate debt over time by moving several high interest debts into one low interest debt.  Of course, consolidating debt is never as simple in practice.  Debt consolidation is one of many tools consumers with significant debt liability can use to overcome their financial problems, but it is not for everyone.  An experienced debt relief expert can help you determine if debt consolidation is right for you.  For now, we'll explain some of the ins and outs of the practice. Debt consolidation works best as an option for people who owe a lot of debt to numerous creditors.  It is not an immediate fix, as the debt is not erased after consolidation.  However, the debt does become much more manageable and can be paid off much faster.  For example, let's say you have five loans of $5,000 each at an average interest rate of 16%.  If you paid $100 monthly towards each loan, it would take 7 years to pay off the loans with over $16,000 paid in interest.  If those loans are consolidated at an interest rate of 9% and you keep the same monthly payment amount of $500, it takes just over 5 years to pay off the debt with just under $6,400 paid in interest.  In this hypothetical case, you'd save nearly $10,000 and pay off your loan almost 2 years faster. Of course, the most typical type of debt consolidation practice, a loan, does not quite work this way.  Debt consolidation loans often come with payback deadlines and interest rates that might be higher for applicants with less than perfect credit.  Understanding the terms of any debt consolidation loan is important, and why we recommend working with debt reduction experts.  Debt consolidation must be managed carefully, as continuing to accrue debt could defeat the true purpose of debt consolidation in the first place. There are many strategies to help consumers eliminate their debts.  The Law Offices of Scott Warmuth offers free legal consultations to help you determine what strategy may work best for your individual circumstances.  Call us today at 888-517-9888 to begin your path to becoming debt free.[/vc_column_text][/vc_column][/vc_row]
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Collecting Evidence After a Personal Injury

Topics: Auto Accident, Personal Injury

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[vc_row][vc_column][vc_column_text]Pursuing a personal injury case, whether its a car accident, slip and fall, dog bite, or any other kind of personal injury, requires evidence.  Evidence can not only prove that you are not at fault for your injuries but can also prove how devastating your injuries are.  Collecting and preserving evidence is one of the best ways to help yourself and your personal injury attorney pursue a legal claim for financial compensation.  However, we understand that collecting and preserving evidence in the immediate aftermath of a personal injury is challenging at best and impossible at worst.  But knowing in advance what you can do to secure evidence and protect your rights will help. If you are physically able to take these actions in the aftermath of an injury, doing so can help collect and preserve evidence for a potential personal injury claim. Seek Out Witnesses Witness testimony can confirm the story of how events unfolded and ensure that the at-fault party is correctly identified.  Collect the contact information of any witness who saw the accident or injury occur.  If possible, document their version of events in writing or in audio (using a voice record memo on your phone).  Even if you do not get their story, having their contact information means an injury attorney can seek their statement later. Make a Photographic Record Taking pictures or video in the immediate aftermath of your injury can help you document the scene of the accident or injury and keep details of the situation fresh in your mind.  For car crashes, take pictures or video of the vehicle damage, any physical injuries sustained, the license plate of other involved vehicles, the road conditions, obstructions, or anything else that you think may have contributed to the crash.  For dog bites, if it is safe, take pictures of the dog and the owner.  If you are unsure of who the dog's owner is, take pictures of where you think the dog may have come from or anything else you may consider a clue as to the dog's owner.  For slip and falls, document the condition and hazards of the area in which you fell. Keep Possession of Physical Evidence Anything related to your personal injury should be kept in your possession and preserved if possible.  Even if a physical item is no longer useable, say a damaged child seat or ripped and bloody clothing, preserve it and make sure it is not discarded.  This type of physical evidence can be used to show just how severe your injuries are.  If its not possible to keep certain evidence, such as a totaled vehicle that is no longer drivable, document where it is being taken. Take Notes Keep a written record of your injuries and any pain or discomfort you feel in the aftermath of your incident.  Not only can this help during the course of your medical treatment and recovery, but also for associating the injuries with the incident. Contact an Experienced Injury Attorney An experienced injury attorney can take call of the evidence you have collected and help you get the medical treatment and financial recovery you deserve after your personal injury with no out-of-pocket expenses or financial risk.  The Law Offices of Scott Warmuth has been helping injury victims for decades and accepts personal injury cases on a contingency fee basis.  That means that if we do not win your case we will not charge for our services.  We also offer 100% free consultations with no obligation to provide you with an evaluation of your legal case.  Call us today at 888-517-9888 to speak with our injury experts![/vc_column_text][/vc_column][/vc_row]
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COVID-19 Vaccination Could Soon be a Workplace Requirement

Topics: Covid-19, Employment Law

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[vc_row][vc_column][vc_column_text]With California set to expand COVID-19 vaccine eligibility to all healthy adults on April 16, 2021, many businesses have begun to contemplate the new "normal".  While no one knows exactly what that will be yet, vaccination status is expected to be a large part of it.  The purpose and effectiveness of a theoretical "vaccine passport" has been hotly debated, just like the debate over mask requirements.  While many aspects of the vaccine passport debate remain unresolved, one thing is certain: it is not illegal for employers to ask its workers and potential workers about vaccination status, to request proof of vaccination status, or to make hiring decisions based on vaccination status.  This is particularly relevant for employees in healthcare professions.  For now, at least. Employment law designates several protected classes on which it is illegal to discriminate; vaccination status is not among those protected classes.  While there are some guidelines that businesses must follow related to vaccinations, for example asking why an employee is not vaccinated, businesses are currently within their rights to mandate vaccinations as a condition for continued employment or hiring.   There are some exceptions, such as if mandating a vaccine would violate the rights of a protected class.  It is possible that vaccination status may become a protected class in some states, but this is not likely in California. The Law Offices of Scott Warmuth helps workers who have faced employment discrimination as a member of a protected class under employment law take legal action against offending businesses.  Discrimination can occur at any time of the hiring process, whether applying for a job, interviewing for a job, working a job, seeking promotion, reporting a work injury, termination, or at any time in between.  Our dedicated employment law team offers free case evaluations and contingency fees; employment law clients are not charged for our services if we do not win their case.  To schedule your free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 29 – Michael Patris

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 29 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, officially released today! Episode 29 features Michael Patris, historian and collector of antiques.

Michael Patris has always had an interest in history. Whether collecting antiques, collecting and working on antique cars, or restoring a 1923 California bungalow in Alhambra, pieces of the past always seemed too important to brush aside. After several years working in the news industry, and film industry, Michael speaks publicly about Southern California transportation, collecting antiques and, of course, Mount Lowe.  Michael is the President and founder of the Mount Lowe Preservation Society, Inc., President of the Pacific Electric Railway Historical Society, and past Sheriff of the Los Angeles Corral of Westerners (2010). Michael is also President and owner of Golden West Books, a publishing company focusing on the history of trains, trolleys, railroads and locomotive material.

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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2021 (Fiscal Year 2022) H-1B Petition Filing Period Now Open

Topics: Immigration

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[vc_row][vc_column][vc_column_text]United States Citizenship and Immigration Services (USCIS) received more H-1B electronic registrations than available visas and has conducted the fiscal year 2022 H-1B lottery.  Registrants subject to the H-1B visa cap who were lucky enough to have been selected can now file their H-1B petition.  According to USCIS, registrants' online accounts will display the status of their registration.
  • Selected - Congratulations!  This status means the registration was selected in the lottery and is eligible to file an H-1B cap petition for fiscal year 2022.
  • Submitted - A bit confusing, but a status of "Submitted" means that the registration was not selected in the initial lottery.  However, the registration remains eligible for any future lotteries that occur for fiscal year 2022.
  • Denied - There was a problem with the registration process and the registrant is not eligible for an H-1B cap petition this fiscal year.  Most registrants with this status were entered into the registration system multiple times in error.
  • Invalidated-Failed Payment - The payment method for the registration fee was declined or found to be invalid.
Registrants with a Selected status will now have 90 days beginning April 1 for their H-1B petitions to be submitted to USCIS.  Registrants with a status of Submitted should not yet give up hope though; it is unlikely that every selected registrant will submit their petition on time and have it approved.  After the filing period ends on June 30 and USCIS processes the H-1B petitions it receives, USCIS could hold a second lottery for the registrants who currently have a Submitted status.  This happened last year in August and is likely to happen again this year.  Registrants' statuses were not updated to "Not Selected" until February 2021 after USCIS decided there was no need for a third lottery. Fiscal year 2022 could possibly be the last year that an H-1B lottery takes place.  A new rule issued by the Trump administration addressing how H-1B visas are issued became effective on March 9, but was delayed implementation by the Biden administration, enabling the need for the 2022 FY lottery.  The new rule prioritizes higher wage earners for cap-subject H-1B visas.  You can read the new rule in its entirety here.  Immigration law is currently in an immense state of flux, so it is unknow if the rule will be altered or withdrawn under the new administration. Regardless of how the selection process works or will work in the future, the Law Offices of Scott Warmuth helps petitioners and sponsors file their H-1B petitions on time and accurately.  We have been helping businesses and workers pursue employment visas for decades.  Our immigration attorneys provide free consultations, so call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]
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Should I Report my Work Injury? Yes, ASAP!

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]It is not uncommon for workers to hesitate reporting an injury that occurs on the job.  Many workers assume that reporting a work injury could lead to trouble with their managers or that opening a workers' compensation claim could lead to professional punishment, or even termination.  While we cannot guarantee that retaliation will not occur, we can tell injured workers that retaliation for reporting a work injury is strictly prohibited and can be pursued by an employment law attorney.  Delaying treatment for a work injury, or failing to report it, can have its own negative consequences, especially for your health and well-being. Why should work-related injuries be reported immediately? Because the sooner an injury is reported through the proper channels, the faster an injured worker can receive necessary medical treatment and return to work.  Workers' compensation insurance is no-fault; regardless of how a work injury occurred, injured workers are entitled to medical care, work accommodations, and mitigation of lost wages through temporary disability.  Failing to report an injury immediately can put all of these benefits at risk.  Worse, delayed medical treatment runs the risk of more permanent or chronic injuries.  Injured workers may find it more difficult to pursue a successful workers' compensation claim for an injury if they only seek treatment weeks or months after the initial incident. The Law Offices of Scott Warmuth helps injured workers pursue their workers' compensation claim.  We strongly encourage reporting your injury as soon as possible and documenting any possible incidents of retaliation you experience as a result.  While our workers' compensation attorneys help you pursue your entitled benefits, our employment law attorneys will examine your case to ensure that you are not being treated unfairly by your employer in your time of need.  Retaliation can take many forms.  Write-ups, demotion, poor performance evaluation, and termination are what most people think of when they think of employer retaliation, but it can also take the form of physical or verbal abuse, threats or action over immigration status, or other harassing behavior. Injured workers can receive a free legal consultation by calling 888-517-9888 today.  We provide consultations in English, Spanish, Mandarin, and Cantonese.[/vc_column_text][/vc_column][/vc_row]