What Posters are you legally required to post for your employees?

Check out the First Step Poster Adviser on the Department of Labor's website to find out the posters you must conspicuously post for your employees and the consequences if you, as an employer, do not.  Posters are available in English and Spanish.

Homeowners should be wary of who they contract to do business with

Make certain your home stays free and clear from encumbrances.

Is your home safe from liens?

Builder Beware

Employee Wage and Hour Violations on the rise.

The IRS and the Department of Labor have teamed up in a new bill named the Taxpayer Responsibility, Accountability, and Consistency Act of 2009 (H.R. 3408).  This bill allows for "independent contractors" to petition the Internal Revenue Service (IRS) for a determination of whether they are properly classified as independent contractors or if they should be deemed an employee.  The bill proposes to significantly increase employer penalties in the event of misclassification, and make it more difficult for employers to avoid employment tax liability for such misclassification.

Below are just a few ways employers and small business owners can prevent violations of misclassification of employees:

1.  Check overtime exemptions.  Never assume an employee is exempt from overtime payment simply because they are paid a salary.

2.  Check overtime pay calculations.

3.  Check that all hours worked, are hours paid.

4.  Beware of improper wage deductions.

5.  Double-check your employee's classification to determine if they are independent contractors or employees.

6.  Check your record-keeping.  Make sure you are keeping the right records to prove you are in compliance because the burden will ultimately rest on you, the employer.

7.  Never assume that because an employee is not "in status" with immigration law, that they are not owed minimum wage or overtime pay.  Huge penalties can be issued by not having your 1-9s in compliance and by the Department of Labor for unpaid wages and/or overtime.

Which makes sense for you?  Wills v. Trusts

July 5, 2009

Michael Jackson's case

In July, Michael Jackson's will was filed in the probate court. It was surprising, actually, that someone with his assets died with only a will. In fact, it is common for those with extensive property like Mr. Jackson or even just a home, to create a living trust so that their assets will pass to their heirs without the cost and delay of a probate proceeding.

There are times, though, when probate can be an appropriate place to settle an estate, and Michael Jackson's might be the poster child for these cases — when there are messy creditor claims to sort out. Like a bankruptcy court, a probate proceeding is place where creditors and their claims (and guardianship issues) can be sorted out by a court, in a set period of time and with finality.

The AP has published a good article if you're trying to sort out whether a will or trust makes more sense for your family.  However, in Oklahoma, a probate is expensive and time-consuming, and if you want to leave everything to your kids, if you own a home, or if you don't have complex credit issues, a trust is generally a great long-term investment.

If you need help with estate planning or just have questions, please contact us for a free initial consultation and/or attend the Free Estate Planning Seminar, held monthly at the Mazaheri Law Firm for additional information.

According to NewsWeek,"In the aftermath of the earthquake in Haiti, pressure is intensifying on the Obama administration to grant temporary protected status (TPS) to undocumented Haitians living in the U.S. TPS, which is aimed at illegal immigrants who cannot return home safely due to natural and man-made disasters, would allow an estimated 30,000 Haitians to remain in the country for a defined period of time-most likely 12 to 18 months-and obtain work permits." * Update: Napolitano has granted TPS for Haitians in the US since January 12, 2010.

To read more about this article, click here.

If you or a loved one is having an immigration related issue, please contact our Immigration Attorneys at (405) 414-2222 or check out our immigration services.

Here in Oklahoma City many immigrants may think they know how to effectively represent themselves. This may be true, but immigrants should understand that statements they make at their personal interview may get them barred from the United States for many years, or even for a lifetime.  This is because Immigration is altogether different from any type of other legal proceeding a person may encounter.  Many people fail to realize that Immigration benefits are thought of as privileges not rights and therefore Immigration officers and judges are given wide discretion in the application of the laws.

For this, and many other reasons, it’s advantageous to hire a good immigration attorney. Immigrants who have capable and qualified counsel stand a better chance at succeeding in court over those who do not have an attorney.

An experienced immigration attorney will properly prepare an immigrant for the variety of questions they may be asked during their personal interview. While it is always recommended that an immigrant be completely truthful during their interview, sufficient preparation before the interview is critical to the immigrant’s remaining relaxed and composed despite how stressful the situation may be. Also, an attorney present during an interview is able to speak passionately on the immigrant’s behalf; often helping to convince the officer to grant’s the immigrant’s application.

In addition, an immigrant with legal representation is more likely to submit a correctly-filed and well-documented petition or application for the immigration benefit sought. Providing adequate documentary proof, in the first instance is vital in expediting the processing on a petition or application.  An incorrectly filed application or petition could adversely affect an immigrant in the future.    An attorney assures that this does not happen by preparing all documents needed to have an application or petition adjudicated as quickly as possible.  An experienced immigration attorney is important because they will present the evidence in a manner which establishes that the applicant meets the legal requirements and if necessary, expresses the hardship on a qualifying relative, highlight the alien’s rehabilitation or good moral character, and minimizes potentially negative aspects of the case.  Filing for immigration benefits may sound easy but the consequences of doing so incorrectly are great.  An immigrant should not risk their stay in this country if they have questions about the forms they are filing.

At Mazaheri Law Firm in Oklahoma City, we are experienced in dealing with immigration cases and can help you.

Discrimination in the workplace is illegal and can take many forms such as in hiring, promotions, termination and many other aspects of employment relationship. Protections are provided under certain laws when the discrimination is on the basis of a person's race, gender, national origin, religion, disability, or age, or there is retaliation against an individual for opposing such practices. Federal and state agencies such as the Equal Employment Opportunity Commission (EEOC) or an equivalent state entity are charged with investigating such claims.

In the case of religious discrimination, and disability discrimination, it may also be illegal for an employer to deny reasonable accommodations to an employee. For example, absent extenuating circumstances, an employer cannot require a person to violate his/her religious beliefs. Similarly, an employer must accommodate the disabilities of its employees if those disabilities meet certain standards. If a company terminates an employee without considering an accommodation, this too can be wrongful termination.

Laws

There are many laws that address employment discrimination and wrongful termination including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), as well as many state laws. The total number of employees can affect whether there is a claim or the amount which you can recover. If you have an employment discrimination, wrongful termination or workers' compensation claim, you should contact an employment lawyer as soon as possible. At Mazaheri Law Firm, we specialize in employment law, so contact us today if you feel that you've been discriminated against in the workplace.

If you're about to enter a divorce or family law proceeding in Oklahoma, there are a few important things to consider. Any parent who is engaged in any dealings of family law often encounters an emotionally and often financially draining experience. These high emotional costs and financial risks associated with family law require good legal representation. How does one find a good divorce lawyer, one who knows the laws well enough and can skillfully represent your interests and rights? Finding a lawyer with whom who can communicate well with, and work through all the details of these complex situations is critical.

Make A List of What You Want

An important first step when looking for a good divorce lawyer is to figure out what you want the attorney to do for you. You might think offhand that the attorney will simply "handle your case" but this is unreasonable without providing them your expectations. Develop a good relationship with your lawyer by explaining in detail your circumstances; you need to be clear yourself about expectations.

Consider the following questions when preparing to enter a family law dealing:

1. What level of involvement do you want? Should the lawyer run with your case and consult you only when necessary, or do you want more involvement?
2. Are you more worried about guarding your financial interests or about keeping a strong relationship with your children?
3. Would you be willing to look into alternative dispute resolution options such as mediation or arbitration instead of going to court?
4. Are you considering joint custody?
5. Is your impending divorce friendly, or will you end up arguing and fighting?
6. Do you think you will stay in the current area where your family lives, or will you be relocating after the divorce?
7. Is the cost of your attorney an issue?

One of the toughest challenges is narrowing the field of potential attorneys to a number from which you can select. At Mazaheri Law Firm we provide excellent representation in all areas of family law.

Finding a good employment lawyer in Oklahoma City can be challenging. In today's economy, it's becoming increasingly common for employers to abuse employee rights as they look for ways to cut costs. Strong legal representation is paramount to winning a legal battle. Employees face everything from employee discrimination, to sexual harassment, to unpaid overtime and wages, and wrongful termination. A "hostile work environment" may simply be a pattern of wrongful communications directed towards the claimant. A subtle but common type is sexual harassment; when left unchecked it creates an uncomfortable situation in the workplace that can be actionable. Discrimination based on gender, race, and/or national origin can be unfair and is protected under the law, as more people recognize its abusive nature and impact.

Our experience pertaining to employment laws in Oklahoma City covers a range of problems that have affected both the employee and employers. We encourage you to contact us if you feel that you have a valid claim so that we may fight to protect your rights and/or your business. Unfortunately, too often victims face termination based on whistleblower retaliation and harassment after their voices are squashed by their employers. This is not right.

Mazaheri Law firm provides compassionate and competent legal services from Oklahoma City employment lawyers, and holds employers responsible for abuses of employment law. We file suit on behalf of employees in Federal and State Court and strive for a fast and agreeable remedy. Federal and Oklahoma laws are complex and confusing. Focusing on the prevention and/or specific breach of employment laws can be tedious and frustrating for the average employee or employer. Mazaheri Law Firm understands the helplessness felt by a victim of unlawful discrimination or frivolous employment law suits.

Employment and discrimination laws contain general prohibitions against:
sexual harassment, race discrimination, age discrimination, and differential treatment on the basis of religion, national origin, or retaliation for reporting or making complaints regarding discrimination. If you believe you have been discriminated against by your employer or feel like an employee has unfairly accused you of wrongful termination, get an Oklahoma City employment lawyer today.