Who is watching you and are you protecting yourself?

I've talked about the necessity to know what the privacy policies are for every online service that you use.  By now, you should be familiar with the various policies of the various services and know how to make changes.   In today's world nothing is really private.  Anyone can take a picture of you and post it online.  Anyone can make a comment or memorialize a comment you make and it will permanently be part of cyber space.

Facebook has recently made their dashboard feature a requirement for all users.  It's an interesting new feature that goes live this week.  Facebook has given every user a "heads up" on this new feature and the opportunity for all users to go through their Facebook history and change their preferences.  You should review pictures, postings, and anything that your friends have linked you to and make the decision to allow it or delete it.  You should also be checking your privacy settings regularly.  Many phones that allow Facebook apps will update the app which can and has changed your privacy settings.  Make it part of your routine to check your settings.

A great time to double check your settings is before you apply for a new job.  Make sure that you have set your Facebook or other media services to be Friends only and not public.  Also go through and look at your postings, pictures, likes, etc. from the point of view of a really conservative stick in the mud.  Anything that could ever possibly looked at in the wrong way or shows you to be anything but professional should be limited or removed.    You should also check the settings on your camera phone and make sure that the GPS feature has been disabled.  The GPS feature allows a person viewing the picture to find out where the picture was taken.

I recently assisted another attorney in locating information on a person that they wanted to collect a judgment from.  This person refused to answer any questions about themselves or their assets and the attorney was at a loss of how to get the information they needed to get the money owed.  We checked Facebook and were able to fins out where this person hangs out, places they've checked in at, where they bank, where they were working, and a great deal of information that led to the collection.  We shouldn't have been able to get any of that information, but this person failed to protect their privacy by blocking the public.

Take the time to protect your privacy.  Know what the polices are for the services you use and check back regularly.  Google recently changed their policies and have set a lot of releases of private information as opt in choices.  This means that they will not release private information unless you agree they can (with the exception of subpoenas or government required releases).  However Google does track what you do, what you look at and search for and use that information for their own business purposes.  Keep in mind that someone is always watching what you are doing.  Protect yourselves.

La Visa-U o Visa de Victima

En días recientes, recibí una llamada en la que me plantearon lo siguiente: “¿He sido víctima de un crimen y me dicen que , aún sin tener papeles la ley me amapara,” luego me hizo las siguientes preguntas:

“¿Puedo obtener un permiso para vivir y trabajar en los Estados Unidos?”

Respuesta:

Existe una visa especial que se ortorga a personas que han sufrido cierto tipo de atropello, ésta es conocida como Visa U o Visa de Víctima.

La Visa U es una nueva visa que ayuda a las personas que fueron víctimas de cierto tipo de crimenes a sacar un permiso de trabajo y visas para vivir aqui en los EEUU. En realidad, si una persona ha sido víctim de un crimen, esta visa pudiera ser la única forma de arreglar sus papeles.

“¿Cuales visas califican para la Visa U?”

La lista de crimenes por la cual se puede calificar para esta visa incluye” la violencia domestica, la violacion, el abuso sexual, el as alto, el asesinato y mas. Si fuiste victima de un crimen ponte en contacto con mi oficina para saber si es un crimen que califica.

“¿Ademas de ser victim, que mas tiene que hacer?”

No todos que fueron victimas de crimenes califican para la Visa U. Algunas condicionantes son que el crimen se haya cometido aqui en los EEUU. La victima debe tener informacion sobre el crimen y obtener un certificado del fiscal, policia u otra agencia que fincó cargos en contra de la persona que cometió, indicando y tú ayudaste, estás en colobrando o vas a cooperar en el future con la investigación o proceso judicial.

“¿Puede la famila de una victim obtener el mismo permiso?”

En algunos casos los padres, esposo(a) e hijos menores pueden ser beneficiados también por esta ley. Si la victim es menor de 16 años los padres pueden recibir la Visa U. Así como los padres, los hijos y esposo(a) también pueden sacar la visa de víctimas.

“¿Si me niegan la visa me pueden deportar?”

Los que corren el riesgo de la deportación so los que intentan aprovecharse de esta visa sin ser víctimas de un crimen, o dicho en otras palabras, los que mienten o aplican falseando información.

Sugerencias para los que fueron víctimas:

- Si fuiste víctima de un crimen, repórtalo a la policía.

- Guarda los reportes de la policía, reportes medicos y otra evidencia de abuso o crimen (fotos, cartas de testigos).

- Guard alas tarjetas o información para contactar al policía, doctor, fiscal, y los demás involucrados.

- Guarda todo documentos de inmigración.

- Habla con un abogado de inmigración antes de iniciar ésta o qualquiera petición.

NO PRIVACY FOR EMAIL January 20, 2011

Can your employer read your emails sent from work or check your web history? The next time you send an email from work; consider whether it is as private as you hope it will be. Consider your employers policies relating to email and web usage. Most employers have policies dictating what you can and cannot use your work computer and internet access for. A typical policy states that you may not access personal email, gaming sites, pornography, and some social network sites from work. Some employers block access to non-work email account sites such as gmail, hotmail, or yahoo.

If you are using your employers computer, internet access, or smart phone, your employer has the right to monitor what you are using their equipment for. If your employer can look at your web history to determine whether you are doing personal tasks while at work, you cannot expect privacy. A California Appeals court has ruled that an employee has no expectation of privacy while at work, even when sending his lawyer an email.

This person did not get to protect the email under Attorney Client privilege, because as the California court decided, the employer's policy blocked access to non-work email accounts, gave notice that emails were subject to monitoring, and therefore there was no expectation of privacy. The court compared the use of work email to having a loud conversation with their lawyer from the company conference room with the door open while everyone at work could hear. No one would expect that type of conversation to be private.

Not all courts agree with California. Last year a New Jersey court protected emails sent from a work email to an attorney under the Attorney Client Confidentiality Privilege. The Court in that case said that the emails included the warning that the email contained confidential information and that the email was not what the employer was seeking to block with their policy.

This is a subject that is sure to receive more attention as the laws catch up with technology. So what should you do? Send sensitive emails or make sensitive phone calls from home or during your personal time such as breaks or lunch hours. Or use your personal smart phone and send the message when you have privacy. Be prepared for the changes and check with your employer to see what the policies are that effect you.

From Medical Treatment To Electronic Footprints-What Happens When You Die?

The massacre in Arizona over the weekend, resulting in the death of six individuals and the critical injuries of others to the severe winter storms causing deadly accidents throughout the country; are unfortunate reminders to plan for your own death.  Too many individuals and families have not planned for death or severe injury. Have you decided what you are going to do with your property? What about making medical decisions if you are unable to make them for yourself? Who will take care of your children? What do you want to happen to your electronic life?

Planning for your own death is something that most people do not do until they are older or diagnosed with a terminal illness. Unfortunately a large number of people die due to unforeseen incidents, whether an illness or accident. Everyone needs to prepare for their death and make their wishes known. If you have minor children you need a Will. It is important that you designate who you want to be the guardian of your children if you pass away before they reach the age of majority.

Who will decide what medical treatment you receive?

Have you decided whether you want extraordinary measures used if you are unable to make medical decisions for yourself? These are things that every person should decide. Ages 25-34 have the highest rate of death from motor vehicle accidents according to the national Vital Statistics Report. Most 25-34 year old have not completed any estate planning or designated a decision maker for health decisions or properly completed an advanced health care directive.

An advanced Health Care Directive is a legal form that you fill you that designates who can make decisions on your behalf. It also makes your wishes known about being kept on life support, organ donation and final health care decisions. Everyone should have an advanced health care directive and should keep copies of the directive with their regular physician, a copy with the person you designate to make decisions, a copy in your glove box and if you have a community hospital that you use, in your records there. Have conversations with your parents, spouse, significant others, siblings and close friends. Let them know your wishes. (Don't forget to discuss burial vs. cremation vs. donation of body to medical science).  You can find sample directives online or call an estate planning attorney.

Who will be given your personal items?

If you have belongings that you want to give to a specific person-you need to make that clear in writing; whether in a Will, Trust or by other means. If you have things that you do not want your family and friends to know about; it is important to designate who is responsible for taking care of those items in your absence. If you fail to plan for your death, the Courts will be forced to make those decisions for you. Failure to plan gives all of the important decisions over to someone who may not know you. Your belongings will be gone through and distributed according to statute and state law.

What do you want to happen to your Electronic Footprints?

Electronic footprints are something that most people do not think about prior to their death. Have you decided what you want to happen to your emails? Blogs? Facebook page? What about online banking? Do you have a paypal account? Have you sold an item on Amazon? Where is your bank account information? Who do you want to have access to the information? Do you want it preserved or destroyed? Have you asked someone to take control of your electronic information after you die? Have you made a list of log in information and passwords? So much of our lives are online and will need to be dealt with after we die.

Every website has a policy or procedure that deals with your content and privacy and what will happen after you die. Check the website for details. For example Gmail will release control of your email to someone after they prove that they have the right to access. They will have to prove that you have died, had contact by email in the past, have the legal right (next of kin or designated individual), etc. You can bypass those requirements by giving access to a designated person before you die by sharing the password and log in. Or if you want privacy during life, make a list of passwords and log in's and keep it in a safe and secure location. Hotmail will delete any accounts after a period of inactivity. Facebook will not grant access but will permit the next of kin or designated individual the ability to delete the page or turn a page into a memorial. Yahoo will not release access to anyone but will allow the account to be deleted.  **Check the policies related to your accounts to understand and know what will happen.

A good estate planning attorney can assist you in making the decisions. You should have a Will and a letter of instruction no matter your level of assets. A letter of instruction is a letter from you to the person that you want to make decisions or your executor; telling them your wishes or instructing them on what needs to be done.  Lists of passwords and account numbers should not be written into a Will. Will's become public information and you do not want to risk making that information public. Keep your passwords in a secure location. Consider a safe deposit box; but make sure that you give access to the person you designate. Planning for your death can be as complicated or as easy as you choose to make it. Take it step by step and make decisions now that will ease the burden on your family later.

You should update your estate plan (Will, Trust, and/or Advanced Health Care Directive) every few years or at every life changing occurrence (birth of a child, death, marriage, divorce, etc.). Make sure that you understand your estate plan and understand what your Will or Trust say. Talk to your loved ones about your wishes and ask what theirs are.   

New laws in 2011-Is your business prepared?

The California Chamber of Commerce has released a list of new laws that have taken effect or will take effect in 2011 (see www.calchamber.com). Small businesses should take note of new changes that affect them and start preparing to implement the changes.

Changes in the Workers Compensation Notice Posters.

All businesses with employee's are required to place the workers compensation notice and requirements posters in an area that is accessible to all employee's. There have been changes to the information on the poster from 2010. California employer's can order new posters at www.calchamberstore.com/kit.

Managed Professional Networks

Employer's with managed professional networks are required to add information about their network to all notice posters.

Roofing Contractors Must Have Workers Compensation Insurance

The requirement that roofing contractors purchase and maintain workers compensation insurance even if they do not have employees was set to expire on January 1, 2011. The requirement has been extended until January 1, 2013. All roofing contractors with a C-39 license must obtain and maintain the insurance or face the consequence of having their license suspended.

Good Deed Now Costs Employer's

Any employer with fifteen or more employee's must now provide paid leave of absence for any employee who donates an organ. The leave is for thirty workdays per each year. Any employee that donates bone marrow shall be given five workdays paid leave each year marrow is donated.

GINA is official.

The Genetic Information Nondiscrimination Act of 2008 is now in effect. Each employer with 15 or more employee's is prohibited from requesting an applicant or employee disclose genetic information. The employers are prohibited from using genetic information regarding health insurance decisions or other employment decisions. Employer's are also prohibited from the acquisition and disclosure of any prohibited genetic information.

It's more expensive to appeal a wage claim.

Employer's who wish to appeal a wage claim decision must now post a bond in the amount of the judgment. Under AB2722 any unpaid wage claim decision that an employer wishes to appeal will cost the employer the amount of the judgment-posted in a bond before the appeal can be heard.

The good news for self employment taxes

Self employment taxes have been cut for 2011. Check with your accountant or the IRS for more information and for information on how much you will benefit; especially those paying quarterly taxes. In addition the social security portion of self employment taxes has been cut for 2011 from 12.4% to 10.4%. The taxes will return to normal in January of 2012.

It's time to purchase new business assets

The Bonus Depreciation has been increased to 100% for 2011!!! You can now take 100% depresiation on business assets purchased in 2011. The depreciation returns to 50% in 2012.

More forms for the IRS

Starting in January 2011 businesses must file IRS form 1099 for any business to business transactions for goods or services that exceed $600.00. Small businesses that do not already track information should prepare now for how they will keep track of the names, addresses and taxpayer ID numbers of each vendor they do business with.