Amazon Flex Drivers Receiving Checks for Withheld Tips

Nov 16th, 2021

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[vc_row][vc_column][vc_column_text]Payments for more than $61.7 million in illegally withheld tips for drivers of Amazon Flex have begun to occur. Back in February, the Federal Trade Commission (FTC) settled legal action against Amazon for not paying out tips to its Amazon Flex drivers between 2016 and 2019. Amazon only stopped stealing its drivers' tips after the FTC open an investigation in 2019. Advertisements for recruiting Amazon Flex drivers clearly indicated that drivers would receive 100% of earned tips. Customers of Amazon Flex were also told that drivers would receive 100% of tips. For people who are unfamiliar with Amazon Flex, the program involves drivers who are independent contractors who deliver AmazonFresh and Prime Now deliveries that are distinct from the typical Amazon order. These drivers pick up orders and deliver them to customers, in a similar manner to food delivery apps, within hours. The FTC has announced that it is issuing 139,507 checks and 1,621 PayPal payments to the affected drivers, indicating that about 141,128 Amazon Flex drivers had at least $5 in withheld tips from Amazon. The average amount of withheld tips is $422, with the largest payout coming in at over $28,000. About 20,000 of the drivers will receive payments greater than $600. See the FTC press release here. Businesses in California must follow specific employment law guidelines when it comes to tips and gratuity. Tips cannot be considered a part of an employee's wages and management is not entitled to any amount of those tips. Businesses that pool tips to share with more employees have additional guidelines, including who is and who is not allowed to participate. Any violation of tipping laws, such as those seen in the Amazon Flex case, can be pursued under employment law. The Law Offices of Scott Warmuth helps workers who have been treated unfairly and illegally by their employers by pursuing the companies who violate employment law. We provide free legal consultations and offer our services completely risk free with a no win no fee guarantee. Call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

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Thank You, Veterans!

Topics: From Our Office

Nov 11th, 2021

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[vc_row][vc_column][vc_column_text]Today, November 11, is Veterans Day, a federal holiday honoring those who have served in the United States Armed Forces. Veterans Day is always observed on November 11, regardless of the day of the week it falls on, to commemorate the end of World War I on the 11th hour of the 11th day of the 11th month in 1918. The Law Offices of Scott Warmuth wants to thank all the Soldiers, Airmen, Sailors, Marines, Guardians, Guardsmen, Reservists, and everyone else who is a veteran of the armed forces for their service to the United States![/vc_column_text][/vc_column][/vc_row]

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What Exactly is Attorney/Client Privilege?

Topics: Criminal Defense

Nov 10th, 2021

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[vc_row][vc_column][vc_column_text]If someone has been charged with a crime, he or she has the right to an attorney; a right clearly spelled out by the Miranda warning. The only way criminal defense attorneys can properly do their job is to understand everything that may have led up to an arrest. And to understand everything, defense attorneys need to know the truth about what happened to their clients, even if that truth does not necessarily look good for their clients in the eyes of the law. For this reason, conversations between attorneys and clients are considered privileged, confidential, and inadmissible during a trial. Attorney-Client privilege allows for pointed legal advice, without the fear of legal jeopardy. It should be noted that the privilege is not universal and requires certain conditions to be met. Most importantly, for a defendant to have attorney-client privilege, the defendant must actually be a client, or is seeking to become a client, of the attorney. Other exceptions also apply. For example, if defendants try to confide in their attorney, but do so loudly within earshot of other people, anyone who heard the conversation is not silenced by attorney-client privilege. Also, any communication with an attorney made with the goal of committing or covering up a crime is also not privileged and will typically be reported to the court. While much more nuanced, the basic understanding of attorney-client privilege is that attorneys can converse with their clients confidentially. Conversations are not shared with other attorneys, judges, insurance companies, or any other parties that may be involved in a case. Criminal defense attorneys have an ethical obligation to advocate on behalf of their clients, regardless of the circumstances of the crime or their personal feelings about the case. The Law Offices of Scott Warmuth takes our responsibilities to our clients seriously. All information and the details of any conversation between our law firm and our clients is considered protected by attorney/client privileges. Attorney/client privilege extends beyond the borders of criminal defense cases as well. It also applies to personal injury, employment law, and all of our other practice areas as well. We offer free, confidential consultations with no obligation. Call us today at 888-517-9888 for your free legal consultation.[/vc_column_text][/vc_column][/vc_row]

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Protected Classes under Employment Law

Topics: Employment Law

Nov 05th, 2021

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[vc_row][vc_column][vc_column_text]Employment law offers legal recourse to the victims of workplace discrimination. Workplace discrimination occurs when an employer or potential employer treats an employee or applicant unfairly because of the worker's inclusion (or perceived inclusion) in a protected class. The most familiar type of discrimination is racial discrimination, where an employer treats certain workers differently because of the color of their skin. Race is just one of many protected classes in which a business can be accused of workplace discrimination. If you, as a worker, experiences discrimination because of any of the following reasons, you may have a legal case. National origin or ancestry - Employers cannot treat you differently because of your heritage. This can include your country of origin or your parents' country or countries of origin. It also includes your perceived country of origin. An American worker of Chinese heritage being discriminated against because a coworker assumes he is from China can pursue a discrimination claim. Religion or creed - Companies cannot discriminate against employees for their religious faith. An employer is not allowed to treat workers requesting certain religious accommodations differently from other workers. Religious discrimination cases involving the accommodation of prayer breaks for Muslims or Jewish holidays are often in the news. Age - Employers cannot discriminate on the basis of age against any workers over the age of 40. Many companies may try to avoid hiring older workers out of a fear that they may only work a short period of time before retiring or will soon be physically unable to perform certain work duties. Refusing to hire older workers is age discrimination. Disability - Employers are not allowed to treat workers or potential hires with a physical or mental disability, disclosed or undisclosed, differently. Interviewees are not even allowed to be asked about disability status. If you can perform the job duties, with or without reasonable accommodation, you cannot be treated differently. Gender or gender identity - Companies are not allowed to treat any workers differently because of gender. It does not matter what a worker's gender is, what gender the worker identifies as, if any, or what gender the worker may be perceived as. Sexual orientation - Workers who are treated differently due to their sexual orientation or perceived sexual orientation are experiencing discrimination. Medical history - Employers cannot treat you differently because of a medical condition or your genetic information. While they can require a medical examination, the employer must require the exam from everyone and not just certain individuals they suspect have a medical condition. This includes pregnancy or the intent to become pregnant. Relationship status - Businesses cannot discriminate against any worker on whether the worker is married, single, partnered, divorced, separated, etc. Military status - Employers are not allowed to consider military or veteran status into consideration for any business practice. This includes active reserve members who may be called to service. Workplace discrimination rules under employment law are extremely complex. But as a general rule, if you suspect you're experiencing employment discrimination at your job, write down why you think so. Do this for every instance of suspected discrimination. Provide your documentation to an employment law attorney to see if you are experiencing actionable discrimination. The Law Offices of Scott Warmuth offers free employment law consultations. Call us today at 888-517-9888 to speak with an expert today![/vc_column_text][/vc_column][/vc_row]

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Time to Fix that Broken Headlight

Topics: Auto Accident

Nov 03rd, 2021

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Halloween has come and gone, so you might think that the time for the dark and spooky happenings has past, but the darkness is only beginning. Daylight Saving Time ends in the early morning hours of the Sunday after Halloween, meaning many of us will begin several months of evening commutes in complete darkness. If you have been putting off repairing a broken headlight because you are only driving during the day, it is time to fix that broken headlight. Not only is driving with one headlight dangerous, but it is also against California law.

According to California Vehicle Code 24400, all vehicles require two headlights to be operated during darkness and/or bad weather, which is defined as weather that creates less than 1,000 feet of visibility or requires use of the windshield wipers. The earlier sunset and the approaching wet season both require two working headlights to keep you in compliance with the law. Failure to repair a broken headlight could initially lead to a relatively inexpensive "fix-it" ticket that directs you to repair the broken headlight, but it could also lead to a much more expensive violation ticket and a possible increase in auto insurance premiums.

And those legal consequences say nothing of safety. Driving with a broken headlight can cause numerous safety issues. Reduced visibility and depth perception, unseen road obstructions, erratic driving because of difficulty navigating the road, and the inability for other drivers to recognize your vehicle can occur because of a broken headlight. Basically, for your safety and the safety of those around you, it is important to fix a broken headlight as soon as possible. If a car crash were to occur, a broken headlight could also be taken into consideration when determining fault in the collision.

The Law Offices of Scott Warmuth strongly encourages all drivers to ensure their vehicles are safe to drive at all times, including two working headlights. As soon as you notice a broken headlight on your vehicle, be sure to get it repaired quickly! Our law firm has been helping the victims of car accidents seek compensation for medical bills, vehicle repairs, and more from at-fault drivers for decades. We offer free consultations and a no win no fee guarantee. Call us today at 888-517-9888!

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Number of Immigration Arrests Have Declined Dramatically

Topics: Immigration

Oct 28th, 2021

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[vc_row][vc_column][vc_column_text]Immigration arrests made during fiscal year 2021 have dropped by more than 50 percent from levels seen under pre-pandemic polices during the Trump administration. According to Immigration and Customs Enforcement (ICE), around 72,000 immigration arrests were made during FY 2021, down from the average 148,000 arrests made during FY 2017-2019 and below pandemic-impacted FY 2020, which saw about 104,000 arrests. The reduction in immigration arrests is seen mostly as a product of immigration policies implemented during the Biden administration. The statistics provided by Enforcement and Removal Operations (ERO) are for noncitizens in the United States facing a final order of removal from the country. They do not include arrests and deportations made on the borders. Several policies have led to lower immigration arrests, including a policy that entering the United States illegally should not be the sole basis for removal. Under Trump administration policies, ERO was directed to arrest anyone found to be in the US without documentation. Under Biden administration policies, ERO is directed to prioritize recent border crossers, criminals, and national security threats. Under the new directives, the number of arrests has fallen by more than half, but the number of arrests of serious criminals with aggravated felony convictions increased by almost 70 percent. The number of arrests of sex offenders increased by about 87 percent. See the full news story here. It was also recently announced that Department of Homeland Security has directed ICE to stop conducting mass raids on workplaces, a tactic commonly used during the Trump administration. Instead of targeting immigrants, ICE will target the employers who hire immigrants without work authorization. It is not uncommon for these workplaces to exploit undocumented labor and to threaten them should they report unsafe working conditions. The guidelines also allow for undocumented workers to become witnesses if they are victims of their employer. See the full news story here. The Law Offices of Scott Warmuth continues to monitor for any significant changes to immigration law to better help us serve our clients. We have been helping immigrants to the United States live and work legally in the country since 1984. We examine every clients' situation to help them determine the best course of action to receive work visas and green cards. We offer free immigration consultations, so call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]

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Long Workdays and Lack of Sleep Increase Work Injury Risk

Topics: Workers' Compensation

Oct 25th, 2021

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[vc_row][vc_column][vc_column_text]The Law Offices of Scott Warmuth has previously blogged about the dangers of drowsy driving: failure to notice dangerous situations, slow reaction times, and serious or fatal injuries that can result from an avoidable car crash. In the same manner, the dangers of drowsy working are just serious. The dangers of driving drowsy extend beyond the commute to work and can carry over into work itself, making drowsy work itself dangerous. Work-related drowsiness is a known risk factor for work injury, whether working behind the wheel of a truck or forklift, or behind a desk or cash register. According to a review of 27 research studies in 2014, workers found to have problems sleeping had a 62 percent increased risk for experiencing a work injury and 13 percent of all work injuries can be traced back to problems sleeping. The examination also discovered that fewer hours of sleep increases the risk of a work injury regardless of how many hours are being worked. Risk for injury begins increasing for workers who sleep less than 7 hours a night and continues increasing with less sleep. Risk also increases when more than 40 hours of work per week, so it is much safer to be well-rested when performing overtime work. The strongest way to fight work-related fatigue and drowsiness is to get at least 7 hours of sleep each night. Of course, that may just be wishful thinking for many of us. Some common signs of drowsiness include yawning, blinking in order to keep your eyes open, momentary forgetfulness about the tasks you are performing, and the autopilot phenomenon of performing tasks but not really remembering them. If you work in a job that requires you to be alert and experience any of those symptoms, there are some short-term fixes, including taking a quick nap while on break or drinking something with caffeine. The Law Offices of Scott Warmuth encourages all workers to perform their jobs as safely as possible, including getting as much sleep as you can to ensure you are not drowsy on the job. Should the unexpected happen and you suffer an injury at work, our workers' compensation attorneys are here to help you recover physically and financially. We provide free consultations, and you are not billed for our services until we win your case. Call us today at 888-517-9888![/vc_column_text][/vc_column][/vc_row]

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The Basics of Expungement

Topics: Criminal Defense

Oct 21st, 2021

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[vc_row][vc_column][vc_column_text]What is an Expungement? Expungement is a civil action that removes arrests and convictions from a criminal record, effectively making it seem to most authorities as though the incident never happened. Expungements seals and hide records, legally allowing a person with an expunged record to answer truthfully that the incident never occurred. If someone without a criminal record is convicted on an assault charge and has the record expunged, that person can legally say they've never been convicted of assault. Who is Eligible for an Expungement in California? Expungement is available to defendants convicted of misdemeanors and felonies in that do not result in a prison sentence. They are only available to defendants charged with state crimes. If the charges were brought in a federal jurisdiction, the records cannot be expunged by California. Expungement becomes available only after probation has been completed, as have all other sentencing requirements, such as community service. Committing additional crimes could limit the circumstances under which expungement may occur and could even cause expunged records to be reinstated. Defendants convicted of certain violent or serious felonies are not eligible for expungement. What are the Benefits of Expungement? People with an expunged arrest or conviction no longer need to disclose that event on forms or applications, as those records will not appear in background checks. This makes it easier for people who have made a mistake in the past find employment or housing. Persons with expunged records can legally say they have never been convicted of a crime. While expungements do not literally remove records from existence, they limit who is available to find those records to law enforcement and certain government agencies. Committing another crime could void an expungement. Attorneys Can Help with Criminal Record Expungement Experienced criminal defense attorneys can help individuals who have made some mistakes remove a damaging conviction from their record, providing a second chance. The Law Offices of Scott Warmuth can help with expungements. Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

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Would Lower Speed Limits in Los Angeles Reduce Car Accidents?

Topics: Auto Accident

Oct 19th, 2021

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[vc_row][vc_column][vc_column_text]Driving too fast can cause car accidents. The faster any vehicle is driving at the time of an crash, the more severe the injuries suffered by everyone involved. And recently, more people have been driving faster and more fatal accidents are occurring as a result. In California, the way speed limits were chosen had some flaws that may have unintendedly inflated speed limits to be higher. Why? California speed limits were set based on traffic surveys which measured how fast drivers traveled on any street, regardless of the posted speed limit. The speed limit would then change based on the speed of the 15% of drivers who drove the fastest. This method of setting speed limits, known as the 85th percentile rule, has been criticized as dangerous and self-defeating. Raising the speed limit would likely in turn cause drivers to drive faster, which could cause the speed limit to increase yet again during the next traffic survey. And in general, when using the rule, many more speed limits were raised than lowered, even with some cities in California, including Los Angeles, participating in the Vision Zero plan. Vision Zero has thus far been unable to lower the number of traffic fatalities in Los Angeles. A new bill recently signed into law, AB 43, aims to allow California cities the option to lower some speed limits without relying on the 85th percentile rule. Specifically, local governments can opt to set a speed limit 5 mph lower than traffic surveys in areas highly trafficked by pedestrians or designated safety corridors, can set standard speed limits in business districts, can revert to older traffic survey recommendations if the street has not received safety upgrades, and can expand school zones. AB 43 will take effect next January 1 but may not allow cities to use its provision until June 30, 2024 or a specific online tool is created to deal with driving infractions. See the full news story here. The Law Offices of Scott Warmuth encourages safe driving, which includes traveling at or below the posted speed limit. Drivers must also be aware of pedestrians, bicyclists, and never drive drunk, drowsy, or distracted. Our accident attorneys help the victims of car collisions seek medical treatment and financial compensation for their injuries. We provide free initial consultations and provide a no win no fee guarantee. Call us today at 888-517-9888 to receive your case evaluation.[/vc_column_text][/vc_column][/vc_row]

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Who is Liable for an Injury at an Airbnb?

Topics: Personal Injury

Oct 15th, 2021

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[vc_row][vc_column][vc_column_text]Airbnb and other house-sharing services can be a great way for homeowners to earn extra cash and a way for travelers to enjoy the comforts of home while paying less than they would for a hotel. But something that most hosts and renters do not consider? What happens if someone is injured during his or her stay at an Airbnb rental? Most travelers know that a hotel has a legal duty to keep its guests safe. When a guest slips on poorly maintained stairs, takes a fall because of a loose railing, or is hit on the head by a falling shelf, that guest can usually file a lawsuit against the hotel seeking damages. Most hotels have the resources and insurance to properly cover any medical bills resulting from a personal injury on their property. Most Airbnb hosts do not. And in contrast to a hotel, Airbnb rentals do not typically have a full-time maintenance or housekeeping crew, employ lifeguards or security staff, undergo regular electrical and fire safety inspections, and so on. You’re staying in someone’s home, and more accidents occur at home than anywhere else. What happens if an Airbnb guest is hurt? Airbnb offers something called “Host Protection Insurance” to the people who rent out their properties on Airbnb. It provides up to $1 million in liability coverage for injuries to guests and damage to the property. If an Airbnb guest is injured in the rented property or in the common area of a rented property, such as a shared parking garage or building lobby, he or she is eligible to pursue an insurance claim for their injury. Not all injury claims would be valid. For example, injuries sustained that are not the result of an accident could be challenged by Airbnb. Pursuing an injury claim with Airbnb is something an experienced personal injury law firm can help with. The Law Offices of Scott Warmuth can help injured Airbnb guests recover physically and financially from their unexpected injuries. Call us today at 888-517-9888 to receive a free injury consultation.[/vc_column_text][/vc_column][/vc_row]

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