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Effect of Seat Belt Laws on Safety

Topics: Auto Accident

Nov 17th, 2020

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[vc_row][vc_column][vc_column_text]If you are life-long Californian and under the age of 50, it has always been the law to wear a seat belt while driving. However, for the first 25 years after the modern seat belt was introduced by Volvo in 1959, it remained a purely optional safety feature. Seat belt laws only became the norm across the country in the mid to late 1980s. Before laws were implemented, just over one in ten people were using seat belts. In 2017, seat belts were used by just over nine in ten people across the country, with 96.2 percent of people using seat belts in California. The increased adoption rate of seat belt usage is estimated to save thousands of drivers and passengers every year. New Hampshire is the only state in the U.S. that does not require adults to wear a seat belt. Not coincidentally, New Hampshire also has the lowest rate of seat belt usage. Numerous studies, some conducted as early as the 1960s, consistently tout the efficacy of wearing a seat belt in preventing serious injury and death in auto accidents. Seat belts reduce the risk of serious injuries and death by about 50 percent for drivers and front seat passengers. Seat belts consistently prevent vehicle occupants from being ejected from the vehicle in a crash. According to statistics from the National Highway Traffic Safety Administration (NHTSA), unrestrained occupants are about 30 times more likely to be ejected, of which over 75 percent of ejected occupants suffer fatal injuries. Seat belts save somewhere around 15,000 lives in the U.S. every year. According to statistics from the California Office of Traffic Safety, in 2017, almost half of the people killed in car crashes were not wearing a seat belt. Seat belt usage in 2017 was 96.2 percent. The 3.8 percent of the persons not using seat belts represent about 50 percent of vehicle fatalities. 618 people not wearing a seat belt were killed in California in 2017. Many of them would be alive today if they had worn a seat belt. The Law Offices of Scott Warmuth encourages all drivers and passengers to follow the law and buckle up for safety. We also encourage you to encourage others. Car accidents happen suddenly and without warning. Wearing a seat belt could save your life in the event of a serious car crash. If not for safety, do so for financial reasons: a seat belt violation ticket for adults will run $162, but if the violation is for a child under 16, the fine increases to $490, payable by the parents or the driver. This includes anyone sitting in the back seat. If you have been injured in an auto accident, our law office can help you seek medical care and repair your vehicle. Call us today at 888-517-9888! [/vc_column_text][/vc_column][/vc_row]

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Idiopathic Injuries and Workers’ Compensation

Topics: Workers' Compensation

Nov 13th, 2020

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[vc_row][vc_column][vc_column_text]Injuries that occur while performing work are eligible for workers' compensation benefits, regardless of location. However, some injuries that occur at a work location are not automatically eligible for benefits. Among the ineligible injuries for workers' compensation claims are idiopathic injuries, which, if you are not familiar with the term, are probably not what you might think they are. An idiopathic injury refers to any injury that occurs spontaneously and does not have an immediately known cause. In general, insurance companies may consider any injuries that are not caused by working or by the work environment to be idiopathic, even if the injury took place in a work environment. Many conditions and diseases, whether previously diagnosed or not, could lead to an idiopathic injury denial of workers' compensation benefits. Common types of injuries that could occur physically at work but not caused by working that may be considered idiopathic could include:

Seizure
Heart attack, stroke, or other cardiovascular event
Fainting spell
Diabetic event
Aneurysm
Bone fracture without trauma

Every workers' compensation claim is unique, so it is difficult to know whether or not an insurance company will deny a claim using an idiopathic injury argument. And even if the idiopathic injury itself is not compensable, injuries that occurred because of the idiopathic injury may be. For example, if a worker experiences a seizure and hits his head on a desk, the seizure itself may not be eligible for benefits, but the head injury might be eligible. Insurance companies will use any reason to deny a claim, including idiopathic injuries. The Law Offices of Scott Warmuth fights to ensure our clients receive all of the benefits they are entitled to. Our dedicated workers' compensation attorneys examine every case in detail to prove that your work injury receives medical treatment and disability benefits. For a free work injury 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 10 – Joseph Del Toro

Topics: San Gabriel Valley Master Key

Nov 11th, 2020

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[vc_row][vc_column][vc_column_text]Episode 10 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released yesterday! This episode features Joseph Del Toro, Owner and Manager of Matador Performance Center. Episode Description: Joseph Del Toro is the owner and manager of Matador Performance Center. His family immigrated to Lincoln Heights, California in the 1970s from Mexico when Joseph was a baby. When he was 14 years old his mother passed away due to an autoimmune disease. Because of that significant event in Joseph's life he eventually dropped out of High School when he did not have football to engage him anymore. After attending therapy due to a mental breakdown from drugs and losing his mother, Joseph went to Pasadena City College and studied sound design. Before he finished his degree Joseph got a job working in the vaults of film studios. Later he worked as a trainer at LA Fitness, Equinox, and at a charter school for at-risk-youth. In 2007, Joseph opened his own gym in Pasadena, Matador Performance Center. 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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Changes to Immigration Laws Poised for Reversal Under President Biden

Topics: Immigration

Nov 10th, 2020

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[vc_row][vc_column][vc_column_text]There have been many changes to immigration law over the past few years, most of which have been viewed as detrimental to immigrants who wish to live and work in the United States. With the election this past week of President-Elect Joe Biden, any changes made to immigration via executive order by President Trump could be quickly reversed by a new executive order. It is expected that certain policies, including the travel ban targeting mostly Muslim-majority countries, the attempted ending of the Deferred Action for Childhood Arrivals (DACA) program, and the attempted ending of Temporary Protected Status (TPS) will be undone soon after Inauguration Day, January 20, 2021. All three of the programs targeted by executive order have been met with pushback from immigration advocates who sued to prevent the changes. DACA especially has seen a number of legal challenges to ending the program, most of which have been successful. The Law Offices of Scott Warmuth has written several blogs about the fate of DACA and the Dreamers since the program was originally targeted, including the many court cases. The same for TPS. Immigration policies could remain in a state of uncertainty until Inauguration Day. However, it is advised to be prepared for the many changes that are likely to happen soon after. If you or a family member would have become eligible to apply for first-time DACA protections during the time the program was in flux, an immigration attorney can help you prepare your application now so it can be processed as quickly as possible. If you were unable to properly renew your status leaving you currently without protections, you should do the same. President-Elect Biden has pledged to offer a path to citizenship for TPS/DED holders who have been in the country for an extended period of time. Immigration attorneys can help TPS holders prepare for when that pledge becomes reality. The Law Offices of Scott Warmuth has been helping immigrants live and work in the United States for decades. Our immigration team has also been helping Dreamers and TPS recipients seek alternative paths to legal residence since the programs came under fire. We will continue to help immigrants in every possible way. For a free consultation with an immigration expert, call our offices today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]

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How California’s 2020 Ballot Proposition Results Affect Criminal Law

Topics: Criminal Defense

Nov 06th, 2020

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[vc_row][vc_column][vc_column_text]Californian voters were tasked this election with deciding on three ballot propositions addressing criminal justice matters. Now that Election Day is over, even though the vote counting is still underway, we now have a clearer look at how these criminal justice propositions will change California law and will or will not affect persons accused of a crime. Both Proposition 20 - Criminal Sentencing, Parole, and DNA Collection Initiative and Proposition 25 - Replace Cash Bail with Risk Assessments Referendum are projected to fail and preserve the status quo. Weirdly, "no" votes on these propositions mean different things for accused defendants. Proposition 17 - Voting Rights Restoration for Persons on Parole Amendment is projected to pass and is more straightforward: people on parole for felony convictions will be allowed to vote. Proposition 20, if it had passed, would have increased penalties for certain crimes and required DNA collection for some misdemeanors. The rejection of Prop 20 is seen as affirmation of other recent propositions that were seen as efforts to reduce prison populations. With Californians rejecting Prop 20, the status quo will continue and no changes to criminal law will be made, providing an overall benefit to defendants. Proposition 25, because it did not pass, will repeal Senate Bill 10. SB 10 eliminated cash bail in the state, leaving the decision of whether to hold a suspect in custody until trial to an algorithm. The rejection of Prop 25 also keeps in place the status quo but undoes what was expected to be a major change to criminal justice rules. SB 10 was passed after the California Supreme Court ruled that the existing bail system in the state was unconstitutional. As a result of Prop 25's failure, California legislators will need to pass different legislation to address the California Supreme Court decision. In the immediate aftermath of the no vote on Prop 25, defendants will see no change in the current pre-trial system. Proposition 17, because it passed, will amend the California constitution to allow people on parole for felony convictions to vote in California. It grants additional rights to citizens returning to society after incarceration. Proposition 17 has no effect on defendants charged with a crime, but is still related to criminal law. See the official ballot proposition returns and results here. The criminal defense attorneys at the Law Offices of Scott Warmuth are always aware of any changes or potential changes to criminal law. We focus on honesty and empathy, seeking to maintain a sincere and open dialog with our clients while doing everything we can to preserve their freedom. For a free legal 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 9 – Albert Chiang

Topics: San Gabriel Valley Master Key

Nov 04th, 2020

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[vc_row][vc_column][vc_column_text]Episode 9 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released yesterday! This episode features Albert Chiang, Chief Marketing Officer of Hsu, Yao, Thuang, and Chiang, Certified Public Accountants, LLP. Episode Description: Albert Chiang is the CPA, ABV, and the CFF officer of Hsu, Yao, Thuang, and Chiang Certified Public Accountants. He is a Korean-Chinese immigrant, a graduate from National Taiwan University, and got his Masters from California State University, Northridge. During the Chinese Civil War in the 1940s his family ran from China to Korea. Due to their escape members of the family were separated for years with no knowledge of whether the others were alive or not. Albert shares and understands his family's story giving him a perspective that allows him to see struggles as only a challenge that he will overcome and to be grateful for where he is now. 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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Election Day 2020 is Here!

Topics: From Our Office

Nov 03rd, 2020

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[vc_row][vc_column][vc_column_text]Today is the last day to vote in the 2020 elections! California allows for same-day registration, so if you are eligible to vote but not registered to vote, there is still time to vote in this year's election. The Law Offices of Scott Warmuth has been helping immigrants seek United States citizenship for decades, and one of the chief benefits of citizenship is the ability to vote. Exercise your rights today! Find your polling place here. Employment law dictates that all employees are eligible for time off for the express purpose of voting. You can be given as much time off necessary to vote, but only a maximum of two hours is paid. This time off can be restricted to the beginning or end of your shift and may require advance notice. More information is available on the California Secretary of State website. The Law Offices of Scott Warmuth encourages everyone who can vote and has not voted already to make a plan to visit the polls safely today.[/vc_column_text][/vc_column][/vc_row]

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Exempt vs Non-Exempt

Topics: Employment Law

Oct 30th, 2020

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There are two types of employees: exempt and non-exempt. This sounds like the setup to a joke, but classification actually has some very important distinctions in how the rules of employment law apply employees. What does exempt and non-exempt even mean? What are employees being exempted from? How is exempt or non-exempt determined? Understanding these questions can help ensure that workers are not being taken advantage of by their employers. Violations of classification can be pursued for damages under employment law. Exempt and non-exempt refers to the Fair Labor Standards Act (FLSA), a law passed in 1938 addressing the abuses suffered by workers at the hands of employers. The original FLSA set in to law the eight-hour day and 40-hour workweek America continues to see as normal today. The FLSA provides requirements for minimum wages, overtime pay, and child labor. The law, however, does not apply to all workers. FLSA protections only apply to employees and are not extended to independent contractors. And protections do not apply to all employees. Employees protected by FLSA provisions are "non-exempt" from FLSA laws while employees not protected are "exempt" from FLSA laws. Non-exempt employees are entitled to a minimum wage, currently (California, 2020) $13/hr for businesses with more than 25 employees and $12/hr for business with 25 employees or fewer. Those figures will rise by $1 every year on January 1 until they reach $15/hr. Non-exempt employees are also entitled to overtime pay:

After 8 hours of work in 1 day - 1.5 times hourly rate
After 40 hours of work in 1 week - 1.5 times hourly rate
After 12 hours of work in 1 day - 2 times hourly rate
After 8 hours of work in 1 day on the 7th consecutive day of work - 2 times hourly rate

Non-exempt employees are often given additional benefits not provided under the FLSA, including rest and meal breaks. Non-exempt workers in California are required to have at least 30 minutes of uninterrupted meal breaks for every 5 hours of work. Because meal breaks are unpaid, workers cannot be required to work or remain on location. Employers also must provide non-exempt employees with at least 10 minutes of uninterrupted break time for every 4 hours of work. Exempt employees, however, are not entitled to these same benefits. Employers are not required to provide exempt employees with overtime pay, rest breaks, or meal breaks. Exempt employees are not paid by the hour, but for the work they accomplish. They have a set salary, which must be at least twice the minimum wage for full time employment, but paying an employee on a salary does not automatically classify the employee as exempt; exempt workers must typically meet other guidelines. In California, employees typically classified as exempt include managers, administrators, professionals (such as doctors and lawyers), computer professionals, and salespersons. Each category has specific guidelines that must be met to be considered exempt. For overtime laws, the State of California Department of Industrial Relations website contains all employee classifications that are exempt. Exempt workers who believe they may be incorrectly classified and are entitled to overtime pay should contact an experienced employment law attorney. The Law Offices of Scott Warmuth can help you determine if you should be compensated for overtime work and receive all of the benefits provided to exempt workers. Call us today at 888-517-9888 for a free consultation.

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San Gabriel Valley Master Key – Episode 8 – Sandy Roscoe

Topics: San Gabriel Valley Master Key

Oct 28th, 2020

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[vc_row][vc_column][vc_column_text]Episode 8 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released today! This episode features Sandy Roscoe, Executive Director of the San Gabriel Chamber of Commerce. Episode Description: Sandy Rosco is the Executive Director of the San Gabriel Chamber of Commerce. She loves and is passionately committed to helping small businesses grow. After Sandy Rosco lost her sister she was hired by the Chamber of Commerce which helped her find new footing. In 2006 she helped start the Business Expo that is now held every year free to the public. Since then she has also started the Education and Family Expo and Tasty Tuesday where members of the Chamber are invited to come together at a fellow member’s small business restaurant. Through her commitment to the community of San Gabriel Sandy Rosco has found her footing in a purpose that honors her sister. 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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Going and Coming Rule in Workers’ Compensation Claims

Topics: Auto Accident, Workers' Compensation

Oct 27th, 2020

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[vc_row][vc_column][vc_column_text]The Going and Coming Rule is a legal concept that dictates whether a workers' compensation claim is available to workers injured during a commute to and from work. In general, workers traveling to and from work are not eligible to claim workers' compensation benefits. While it could be argued that commuting to work is technically a work-related function, established laws and precedents make it clear that using that specific argument will not be successful. However, there are actual exceptions to the going and coming rule that can allow an injured worker to seek benefits. Driving is a work duty - If it is your job to drive a vehicle around and you are involved in an accident, you are eligible for workers' compensation benefits. Going and coming only applies if you are commuting to and from work. If you are working when an injury occurs, you are eligible. This exception affects any workers who move around a lot for their job, such as delivery drivers, truckers, postal workers, police officers, and public transit workers. If you are performing your job, you are not subject to the going and coming rule. You are traveling between work sites - If you have been told to travel from one job site to another, your commute is exempt from the coming and going rule. A fast food worker told to cover a shift in a different store facing a staff shortage, an IT worker assigned to set up a router at a residence, or a plumber traveling from repair to repair, would all be examples of this exception. Essentially, any worker told by a supervisor to travel to another location for any job duty is exempt from the going and coming rule. You are on a work trip - Workers traveling for the job are exempt from the rule at all times, not just during a commute. The trip to the airport, the flight to your destination, the drive to the hotel, the drive to the work site, and the drives back to the hotel and airport would all be exempt. Any injury suffered while traveling related to work during the extent of a business trip would be eligible for benefits. Travel outside of working hours for personal reasons, say to a golf course or museum, might also be exempt from the going and coming rule, but it is less certain. You were tasked with an errand - If at the end of your shift a supervisors hands you a bank deposit bag and asks you to stop by the bank on your way home, you have been tasked with a "special mission". Though you may be technically off the clock and doing your boss a favor, if you are involved in an accident on the way to the bank, you would be eligible for workers' compensation benefits. Special missions can be critical to a business or simple mundane requests, but if you are injured while performing a work errand, you can seek benefits. Essentially, if you are injured in the course of your work duties during a commute, you are likely eligible for workers' compensation. That said, insurance companies may still try to deny a workers' compensation claim under the going and coming rule if they can. A dedicated workers' compensation law firm can examine your claim and fight to ensure that you properly receive benefits. The Law Offices of Scott Warmuth offers free consultations to evaluate your workers' compensation claim. Call us today at 888-517-9888. If we do not win your case you will not be charged for our services.[/vc_column_text][/vc_column][/vc_row]

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