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Month: January 2021

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Preparing Teenagers for Driving

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]The data do not lie: teenagers are bad drivers when compared to every other age group.  There are several reasons for why teens are the worst drivers, but the primary factor is inexperience.  Teenagers are new to driving and have yet to learn how to identify dangerous situations while on the road.  Inexperience can also cause teen drivers to react incorrectly or make poor decisions when a dangerous situation occurs.  Driving inexperience and other risk factors commonly associated with the "adolescent illusion of invincibility" can explain why teenage drivers are nearly three times more likely than other age groups to be killed in a car crash. The Centers for Disease Control (CDC) identifies eight danger zones for teen drivers, with each danger zone being a leading cause of car crashes, injuries, and fatalities.  The CDC recommends that parents teach these leading causes to new teen drivers to reinforce good driving behavior.  Those leading eight causes are
  • Driver inexperience
  • Driving with teenaged passengers
  • Driving at night
  • Driving without the use of a seat belt
  • Driving distracted
  • Driving while tired
  • Reckless driving
  • Driving while inebriated
Education is the best way that parents can help their teen drivers avoid these eight danger zones.  Teenage drivers should be aware of these danger zones and how to avoid them.  In addition to providing as much guided driving experience as possible, parents can teach teen drivers about:
  • The dangers of drunk driving - just say no.
  • The dangers of drowsy driving - just say no as well.
  • How to minimize distractions - put the phone away and limit passengers.
  • Pedestrians, bicyclists, and motorcyclists - there are more people on the roads than other drivers.
  • Defensive driving - protect yourself by protecting others.
  • Adverse road conditions - driving at night, bad weather, and rough roads require slower speeds.
  • What to do if a car accident happens - even the best drivers get into car accidents.
The Law Offices of Scott Warmuth strongly encourages all forms of driver education.  The more drivers practicing defensive, distraction-free driving the safer the roads become.  But we understand that accidents do happen.  Our team of car accident lawyers is here to help drivers injured through no fault of their own.  Call us today at 888-517-9888 to receive a free legal consultation.[/vc_column_text][/vc_column][/vc_row]
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Biden Administration Aims to Clarify Rule on Unemployment Insurance and Covid-19

Topics: Covid-19, Employment Law, Workers' Compensation

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[vc_row][vc_column][vc_column_text]On January 22, the Biden administration released a fact sheet related to Covid-19 and economic recovery.  One of the bullet points on the fact sheet has direct implications for employment law.
Help ensure that unemployed Americans no longer have to choose between paying their bills and keeping themselves and their families safe from COVID-19 by asking the U.S. Department of Labor to consider clarifying that workers who refuse unsafe working conditions can still receive unemployment insurance.
Unemployment insurance is typically unavailable to workers who voluntarily leave their employment. The order clarifies that leaving for unsafe conditions with respect to Covid-19 protocols is allowed. In California, there are five requirements to file a claim of unemployment.
  • You must be unemployed (totally or partially)
  • You must have become unemployed through no fault of your own
  • You are physically capable of working
  • You are currently available to work
  • You are ready to begin work immediately
The new federal guidelines would add a clarification to a couple of the bullet points.  In California, if you quit or are fired from your work, the Employment Development Department (EDD) will interview you about any unemployment claim.  Typically, if you quit your position, you will need to provide good cause for why you quit.  Fear of contracting Covid-19 due to unsafe working conditions should be considered a good cause by the interviewer.  If you were denied benefits before this guidance, you may be able to appeal the decision now and cite the new federal guidelines. See the fact sheet here. Unsafe working conditions can not only lead to physical injury but can cause psychological harm and stress.  Employment law states that any employee who makes a complaint about unsafe working conditions, including conditions related to protection from Covid-19, cannot legally be retaliated against.  Any worker who is punished or terminated from a position for reporting unsafe conditions can pursue a claim.  And of course, any work injury suffered as a result of these unsafe conditions is eligible for workers' compensation benefits.  The Law Offices of Scott Warmuth helps workers pursue employment law and workers' compensation claims.  Call our expert team today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 19 – Rozalynn Woods

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 19 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released today! Episode 19 features Rozalynn Woods, Southern California interior designer. Episode Description:

Rozalynn Woods is an interior designer and  is recognized for a clean and sophisticated sense of style that seamlessly integrates Interior Design and Architecture. With 25 years of design experience, Rozalynn insures her spaces present a current point of view, yet appear timeless–each pertaining to her clients’ unique sensibility. As an inveterate world traveler with a passion for flea markets and furniture history, Rozalynn draws from those experiences and incorporates them into an extensive number of projects whether in Los Angeles, New York City or Montreal.

Rozalynn has participated in several Pasadena Showcase Houses of Design and ASID Home and Kitchen tours. Her work has been published in California Homes, Metropolitan Home, California Home and Design, Pasadena Magazine, Spectacular Homes of Southern California and The Sunset Garden Style Decorating Book. Her designs have received extensive newspaper and blog coverage, and have been featured on HGTV. She was recently awarded “Best Interior Designer” by Pasadena Weekly.

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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President Biden’s Immigration Agenda Becomes Clearer

Topics: Immigration

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[vc_row][vc_column][vc_column_text]January 20th was Inauguration Day in the United States.  The inauguration of President Joseph R. Biden Jr. as the 46th president of the United States marks the beginning of a shift in the immigration policies of the country.  Within hours of being sworn in, President Biden began making dramatic changes to immigration law, signing several executive orders and introducing the US Citizenship Act of 2021.  The Biden administration has placed a focus on overhauling the immigration system in the country, with the changes geared towards making immigration to the United States easier. The executive orders undo several actions taken by the Trump administration, which we have previously discussed.  One executive order reaffirms the Deferred Action for Childhood Arrivals (DACA), which the Trump administration tried to end unsuccessfully.  Though the program had already been fully restored by court order, the executive order also explicitly implores Congress to provide a more permanent solution for the immigrants known as Dreamers, including a path to citizenship.  Another executive order reinstates deportation protection for Liberians with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) protections. Three other executive orders reverse or undo specific policies implemented by the Trump administration.  One order ends the controversial travel ban targeting mostly majority-Muslim countries that was put in place at the beginning of the Trump presidency.  Another executive order on immigration immediately ends the construction of a border wall with Mexico.  A third order undoes the Trump immigration policies that led to the separation of immigrant families.  Separate from executive orders, it was also announced that there would be a pause of certain deportations for 100 days and that new asylum seekers will no longer be subject to the so-called "Remain in Mexico" policy. Find the executive orders here. And on top of the executive orders, the Biden administration introduced ambitious immigration legislation called the US Citizenship Act of 2021.  The administration provided a fact sheet on the legislation, which is embedded below.  It highlights the following aspects of the bill:  Provide pathways to citizenship & strengthen labor protections, prioritize smart border controls, and address root causes of migration. The Law Offices of Scott Warmuth has been helping immigrants live and work in the United States since 1984. We hope these changes to immigration law makes it easier for our clients to achieve their immigration goals. Our immigration lawyers will continue to monitor any developments and potential changes to immigration law to best serve our clients. If you are seeking immigration help, do not hesitate to call our offices at 888-517-9888 to request a free consultation with our immigration experts.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 18 – David Cutter

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 18 of the San Gabriel Valley Master Key podcast, co-hosted by Attorney Scott Warmuth, was officially released yesterday! Episode 18 features David Cutter, Pasadena piano teacher. Episode Description:

David’s twenty years of classroom teaching gives him the experience to know how to listen to a student, how to assess what is needed and how to quickly respond to the learning opportunity. He has also written educational courses during his career, most recently, a piano appreciation course for the Pasadena Senior Center. In his private piano teaching practice, David uses his creative problem solving skills to motivate students, particularly when they hit road blocks. He is open and flexible about how to work with each person, always starting with where the student is at. That way he discovers what works for a particular student and customizes lessons accordingly. David teaches out of his studio in Pasadena and is a member of the Pasadena Branch of the Music Teachers Association of California.

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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Social Media and Your Personal Injury Case

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]Attorneys typically recommend that their clients do not talk about their personal injury case publicly, as it could negatively affect the outcome of the case.  Never before has that advice been more important.  Social media has made it possible to broadcast every aspect of your life to anyone interested in following along without a second thought, and sometimes that can have dramatic consequences.  The past couple of weeks have been filled with headline news stories about people's social media sharing becoming evidence in legal cases.  Publicly shared social media posts can also be used as evidence against you in personal injury cases. Whether it is a Facebook post, Instagram story, Twitter tweet, Twitch livestream, YouTube video, Yelp check-in, or even a TikTok dance, if it can be seen, it can be harmful.  Insurance companies could scour your social media for any evidence they can use to dispute liability or undermine the severity of your injuries.  You may think we mentioned a TikTok dance just to be funny, but if you are claiming a soft-tissue injury to your back and the insurance company discovers a video of you absolutely nailing that Blinding Lights dance challenge just after your injury, they will have questions. Most of us do not have a thousand followers, let alone a million followers, but if your social media is set to public, it can and will be seen by insurance companies researching your personal injury claim.  The more data and information you share the more damage you could do to the value of your claim, especially if the content of your posts/stories discuss/show your injury.  The Law Offices of Scott Warmuth recommends against every sharing anything publicly that could negatively impact your case, including that TikTok dance.  Keeping your private life private can increase the value of your personal injury case. If you have been injured in an auto accident or suffered a personal injury through no fault of your own, the Law Offices of Scott Warmuth can help you seek medical attention for your injuries, funds to repair your vehicle, recover lost wages, and seek compensation for your pain and suffering.  Speak with one of our personal injury experts today - all initial consultations are free of charge - by calling 888-517-9888.  We're on your side, all the way.[/vc_column_text][/vc_column][/vc_row]
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Am I Eligible for Temporary Disability Benefits in California?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]If you have been hurt on the job in California, you can apply for workers' compensation benefits that will cover the cost of your medical care.  You may also be eligible for temporary disability benefits that will cover at least some of the lost wages you experience as the result of your work injury.  Eligibility for temporary disability benefits through workers' compensation will depend on the severity of your injury and whether or not your injury prevents you from performing your normal work duties or at least earning the same amount of pay through modified work duties.

Eligibility for Temporary Disability in California

Injured workers can only collect temporary disability benefits if the work injury results in any of the following:
  • An overnight hospitalization stay
  • Three days or more of missed work
  • A reduction in wages resulting from the inability to perform some work duties
The last possibility on the above list can happen when an employer offers injured workers different type of work to accommodate their injuries, but the replacement work pays a lower wage.  In this situation, injured workers are eligible for temporary partial disability benefits.  If the work injury leaves you unable to work at all, you are eligible for temporary total disability benefits during the time you cannot work.

Temporary Disability Benefit Amounts in 2021

Temporary disability benefits are typically two-thirds of lost income, with a weekly minimum level of $203.44 and a weekly maximum level of $1,356.43.  If you are completely unable to work from your injuries, you will receive two-thirds of your average weekly wage (AWW).  AWW encompasses more than just your wages; it also includes overtime, tips, bonuses, commissions, and the cash value of other perks provided by your employer.  Side hustle earnings could also be counted towards AWW.  An experienced workers' compensation attorney can help you ensure you have all of your income streams accounted for.  If you are collecting any income after your injury, you would subtract that income from your AWW and multiply the result by two-thirds to determine your benefit level.  Temporary disability benefits are not subject to any federal, state, or local income taxes, social security taxes, or union dues.

How Long Do Temporary Disability Benefits Last?

Temporary disability benefits from workers' compensation will last until one of the following situations occur:
  • Your treating doctor says you can return to work
  • Your current wages exceed your AWW
  • You have exhausted available benefits (104 weeks of benefits)
  • Your treating doctor indicates that additional treatment will not help your recovery
In the last scenario, your doctor will declare your "permanent and stationary", allowing you to receive permanent disability benefits.

The Law Offices of Scott Warmuth Can Help

If you have been injured at work, our workers' compensation team can help you pursue the benefits that you are entitled to.  Navigating the complex California workers' compensation system is notoriously difficult to do alone, but our attorneys and specialists simplify the process, allowing you to focus on your recovery so you can get back to work.  We offer free consultations for work injuries at 888-517-9888, so call us today.[/vc_column_text][/vc_column][/vc_row]
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San Gabriel Valley Master Key – Episode 17 – Scott Warmuth (Part 2)

Topics: San Gabriel Valley Master Key

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[vc_row][vc_column][vc_column_text]Episode 17 of the San Gabriel Valley Master Key podcast features part two of a three part series featuring co-host Attorney Scott Warmuth sharing his life story.  Part two was officially released Tuesday! Episode Description:

Scott Warmuth, lawyer and the co-host of the podcast, shares his life story in this 3-part series. In this second part he shares his journey as a young adult looking for self-discovery. As he travels away from Washington and eventually to California, Scott encounters people who influence him greatly. On his path of life that deviates from the standard young adult, Scott went from journalist to law student, from newspapers and magazines to the Peace Corps, and from a man seeking to a man discovering.

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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President-elect Joe Biden Vows Immediate Immigration Action

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Last Friday, President-elect Joe Biden announced that he will immediately pursue immigration legislation after becoming President of the United States on January 20.  It is currently unknown what exactly may be included in the legislation, but President-elect Biden has indicated previously that immigration goals include reversing the travel ban that targets many Muslim-majority countries and addressing the plight of the Dreamers and immigrants with Temporary Protected Status (TPS) at risk of losing their status.  During his Friday announcement, President-elect Biden also indicated that the Justice Department will investigate the policies that lead to forced family separation and determine if any actions were criminal. See the announcement here. Immigration law has been in flux over the past four years.  Most of the immigration actions taken by the government under the Trump administration had negative ramifications for immigrants and foreign workers employed in the United States.  Some were outright hostile.  As the Biden administration takes over, it is not clear what changes to immigration can be realistically implemented quickly, but it is unlikely that any changes will be intentionally harmful to the people who want to live and work legally in the US.  New changes to immigration laws could open potential avenues for work visas, green cards, and U.S. citizenship that did not previously exist. The Law Offices of Scott Warmuth closely monitors any potential changes in immigration law to best serve our clients.  Our immigration attorneys will be poring over the legislation that President-elect Biden has indicated will be imminently introduced to determine how we can continue to help our clients and community.  We have been helping foreign workers and immigrants legally live and work in the United States since 1984.  We strongly encourage anyone with questions about immigration, the immigration process, or citizenship to call our law offices at 888-517-9888 to request a free legal consultation.  We can help you accomplish your immigration goals.[/vc_column_text][/vc_column][/vc_row]
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How a Pending Felony Charge Can Affect Your Employment

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]"Innocent until proven guilty" is one of the most commonly misunderstood phrases in the law.  It is true that the government must prove to a judge or jury, beyond a reasonable doubt, that the accused committed a crime (or plead guilty to a crime) before being found guilty and until that happens there is a presumption of innocence.  But "innocent until proven guilty" does not necessarily apply to the rest of society, including friends, family, the media, and employers.  Society can not imprison the accused, but it can damage reputations, relationships, and employment status.  A pending felony charge can affect your employment and employment prospects, even before being declared guilty. California employment law provides some protections for applicants previously arrested and/or charged with a crime.  If you were previously arrested and charged with a crime but found to be innocent or had the charges dropped, you cannot be asked about that event by a current or prospective employer.  The employer also cannot seek that information from other sources or use any knowledge of the incident to determine whether to hire or fire you. Pending criminal charges, however, are not subject to that protection.  If you are facing criminal charges, be they misdemeanor or felony, your current or prospective employer can ask you about those charges.  They can also use that information to make employment decisions.  If your current or potential employer discovers you are facing criminal charges, they can legally decide to fire you, not hire you, or take other measures.  This is the case even if you are innocent of the charges and eventually cleared by a court of law. The best action to take if you are facing a pending felony charge is to seek the help of an experienced criminal defense law firm.  Your career can hang in the balance after being charged with a crime.  A criminal defense attorney can take decisive action on your behalf to fight the charges against you and protect your freedom and career.  Concluding pending charges against you can help you pursue employment opportunities.  Our attorneys can take quick actions to pursue a not guilty verdict or dismissal of the charges against you. The Law Offices of Scott Warmuth assists defendants charged with a crime protect their legal rights and helps them get back to a normal life as quickly as possible.  We offer free criminal defense consultations, so call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]