John Gear Law Office & Salem Consumer Law    503-569-7777
  • Welcome
  • Attorneys and Services
  • Contacts and Directions
  • Law for Real People blog
  • Useful links

Plan for June 1 - Salem Day Out for CourtCare - it'll be great

5/27/2019

0 Comments

 
Picture
Picture
Oregon Women Lawyers Society (OWLS)
Mary Leonard* Chapter 

2019 Salem Day Out for CourtCare
An Alley Party in support of Mid-Valley Court Care
Saturday, June 1, 2019 in the alley @Taproot (State between Liberty and Commercial)
​
Salem Day Out for CourtCare has something for everyone and is a great way to enjoy our Salem community and support a great cause.  This event aims to raise between $10,000 and $20,000 for Mid-Valley CourtCare! 
  • Enjoy delicious food and drink!
  • Featuring exciting games, raffle prizes, and auction items!
  • We're planning fun for the kids too! 
Watch this page for updates on event details. Tickets will go on sale in mid-April.

(*Mary Leonard has a fascinating story and was the first woman admitted to the bar in Oregon - click here for more)

What is CourtCare?

CourtCare is free child care for children ages six weeks to 12 years in a safe, supportive, and quality environment. Children are spared from witnessing adult conflict, hearing harsh words, and seeing potentially disturbing scenes which could traumatize or even re-traumatize them. If both parent and child are supported during the child’s early stages of life, it makes an enormous impact on the child’s future health and development. What children see and experience in early childhood affects both their brain development and their health.

Why is CourtCare Needed?

Imagine having to go to court for divorce proceedings, a sex abuse trial, a domestic violence case… now imagine not having child care and you have to take your young children with you. This is a current reality for families in both Marion and Polk Counties. Children should not have to be in the room while legal proceedings are taking place. Those involved in the courts have seen babies and toddlers left unattended in hallways while their parents are in courtrooms; young children sent to restrooms unsupervised; children seeing their parents upset and emotional about adult conflicts; children watching as a parent is arrested and taken into custody; children hearing adults talking about family violence, restraining orders, custody disputes, or criminal behavior of family members… thus the need for CourtCare.

OverviewMid-Valley CourtCare provides free, high quality care from trained early childhood staff in a licensed child care setting. Children must be at least six weeks of age and not older than 12 years.  CourtCare hours of operation listed here begin September 5, 2017.  Space is limited and available on a first-come, first-serve basis.  Register online now to reserve your spot!

In Marion County, CourtCare is operated by the Salem Family YMCA, located across from the Marion County Courthouse in downtown Salem.  Please use the child care entrance off of Cottage Street.  Marion County CourtCare is available to anyone with court-related business or a court-related appointment.  

Marion County CourtCare is open Monday through Thursday from 8:00 a.m. to 5:15 p.m.

In Polk County, CourtCare is operated by Family Building Blocks at the Academy Building near the Polk County Courthouse in Dallas.  Polk County CourtCare is available to anyone who needs to conduct business with the court system or local social service agencies including, but not limited to: Polk County Behavioral Health, Public Health, DHS, or Housing.  

Polk County CourtCare is open Tuesday, Wednesday, Thursday from 1:00 to 5:30 p.m., and Friday from 7:30 a.m. to 5:30 p.m.


0 Comments

Something right happened in DC for a change

8/11/2014

0 Comments

 
Emily Bazelon's explanation of a recent Obama executive order is posted on Slate.
One expert put it this way:

    "This is as clear and well-written an explanation as we're going to see of President Obama's Executive Order saying that corporations can't get federal contracts if they force their workers to submit to forced arbitration of civil rights claims. Emily Bazelon, a very widely read blogger, has done a terrific job of putting the executive order into context and explaining why it is so important.

    "If there is one piece that everyone should read to understand this issue, this is it. If you have friends who don't understand why forced arbitration is a problem or don't realize that President Obama has actually done something really important, this is the best story I've seen to set it all out."
0 Comments

Finally a story that might get people's attention to help explain how and why mandatory arbitration = abomination when used against consumers and employees

4/8/2014

0 Comments

 
Picture
It's hard to get people to understand how they're being robbed and denied their rights when it happens without guns or violence. 

But a lot of times, companies rip off customers and exploit their workers unfairly, and it's not until you try to do something about it that you find out that the company has built itself an "Accountability Shield" that does to the civil justice system what Kryptonite does to Superman -- allows the bad guys to escape the consequences of their wrongdoing, and leaves the good guys weakened or flat-out defeated.

Every story needs a hook to get and hold the reader's attention long enough for the message to be received.  For a lot of guys, a story about hot young women being mistreated by their employer is a strong enough signal to get their attention, and then they can finally get the message. And, of course, young women, who are often mistreated horribly in the workplace, can understand that even the most superficially exciting jobs can really be terrible grinds -- made much worse by the arbitration clause that essentially lets the company get away with anything short of murder
.



0 Comments

Good post on the costs on everyone from employee misclassification

12/21/2013

0 Comments

 
Picture
This is a very real issue in Oregon, where employees are often persuaded to accept "independent contractor" status, unaware of all the serious ramifications for them down the road.

I have represented several workers whose employers have tried to take advantage of them in this way.  Don't let your employer do it to you -- it costs you your social security down the road, your workers compensation, and your ability to obtain unemployment insurance, among other things.

0 Comments

An opportunity to take the fight to the next level

5/14/2013

0 Comments

 
Picture
Despite the cool certificate, the admission itself is nothing much -- it's what you can do with it that makes it worth having.
I have a client with a case that really needs to be brought in federal court.  So, despite my strong preference for my walking commute and my distaste for hauling up and down the valley as part of the workday, it's off to federal court I go. 


I appreciate the opportunity that my veteran client has given me to bring a substantial case that I think will right a substantial wrong.  It even makes getting up in time to catch a train at 0642 worth it.  Thank goodness for Amtrak.  

0 Comments

Another Crucial Reminder for Nonprofits:  Good Records Matter - a LOT

8/16/2012

0 Comments

 
Picture
The time to verify your recordkeeping systems are in place and working well is BEFORE the crash.
The case below is a vital reminder for nonprofits of the value of keeping proper records about your organization:

Failure to keep accurate records about what employees do cost this small business almost $70,000 in higher worker's comp premiums.




The only differences between that business and most nonprofits are

   (1) that the business will definitely learn from the experience, and

   (2) that the business will have the resources to pay the higher assessment until the records are straightened out, if they aren't already.


If your nonprofit thinks keeping timely and accurate records is just something to aspire to, you and your group are probably at risk in any number of areas.  Remember, the prime duty of a board member for a nonprofit is to do what a reasonable and prudent person would do to oversee the affairs of the organization, which means paying attention, which requires timely and accurate records.

As a board member, you don't have to check every record yourself, but you have to assure yourself that there is a SYSTEM to make sure that the records are being kept, that there is a SYSTEM so that they are checked as much as necessary to give you confidence that they are accurate, and (most important) that there is a SYSTEM in place so that, if they aren't kept or are being kept poorly, you will quickly know it --- before you get the $70,000 bill.  

employment_law_-_why_you_must_keep_good_records_in_your_nonprofit_a145610.pdf
File Size: 71 kb
File Type: pdf
Download File

0 Comments

Important reminder -- are your "independent contractors" really employees?

8/16/2012

0 Comments

 
  I advise nonprofits as a key focus in my practice.  Like all small businesses, nonprofits struggle with payroll taxes, worker's comp, unemployment insurance, and sometimes the board decides, "hey, I've got an idea, let's just use independent contractors instead of employees." 

It's possible to do that, but you really have to work hard and take special care to do it right, or you can face penalties and interest on the not-quite-avoided payroll taxes.

Remember, authorities at every level (IRS, SAIF, Employment Dept.) have a very serious interest in making sure that only those people who are truly independent contractors get treated that way.  And don't think that the "contractor" wanting to be treated that way cuts any ice with anybody.  People have a funny way of having memory lapses in times of trouble -- such as when budget cuts force you to drop the contractor, who only then realizes that "independent contractors" can't claim unemployment, or when they fall down the stairs while working for you and only then learn that they don't have any worker's comp coverage (of course, not having worker's comp also might mean that they could have a right of action against your agency for personal injury). 

If you're only going to know one thing about this area of law it's this:  Anyone who does work for pay is an employee unless you establish otherwise, and the burden is on you, the employer to prove otherwise; in other words, if you are using an independent contractor in your nonprofit and someone decides that you have misclassified that person and that you should have been paying payroll taxes on their wages all along, it is you who has to prove them wrong.  (If you fight them to a tie on the issue, then you lose, because you failed to carry your burden.)

The opinion announced today in Oregon is a well-written, clear cut guide to the issue that anyone who is using independent contractors might want to review and discuss with an attorney versed in this area.
ee_or_ic
File Size: 18 kb
File Type: ee or ic
Download File

0 Comments

Sitting is Killing Us

3/1/2012

0 Comments

 
I'm a lawyer, not a doctor.  But, lawyers are supposed to pay attention to evidence, and not ignore it just because it's new or different.  And there's one matter on which the evidence is increasingly clear:  we sit way too much for our own good.  Nice graphic on this (that I got from here) is below:
Picture
0 Comments

Do you need a lawyer who will stand up for you?

1/4/2012

0 Comments

 
Picture
I asked a fine local Salem craftsman, George Essaides, of Willamette Valley Fine Woodworking, to design and make a standing desk/bookshelf for me, as the excessive sitting required in a solo law practice was getting to me.

George did a marvelous job in just a couple weeks, and I am really enjoying having a choice about whether to stand up and work or not (I kept my old desk and computer too, so I can switch back and forth)
.

Happy to show it off if you want to see it up close, just let me know you're coming so I can be sure to be here.



0 Comments

    RSS Feed

    Author

    John Gear Law Office -
    Since 2010, a values-based Oregon law practice serving Oregon consumers, elders, employees, and nonprofits.

    Categories

    All
    Advertising
    All
    Arbitration
    Autofraud
    Bankruptcy
    Borrowing
    Class Actions
    Consumer Law
    Consumer Protection
    Consumer Protection Class Actions
    Credit
    Credit Reports
    Debt
    Debt Collection
    Elder Abuse
    Elders
    Employment
    End Of Life
    Fairness
    Fdcpa
    Foreclosures
    Fundraising
    Funeral
    Games Car Dealers Play
    Garnishments
    Great Stuff
    Health Care/Insurance
    I (heart) Liz Warren
    Insurance
    Lawyer Referral Service
    Legal Resources
    Lemon Law
    Life Planning
    Long-term Care Facilities
    Media
    Military
    Military Assistance Panel
    Modifications
    Mortgages
    N.A.O.
    Nonprofits
    Oregonadminrules
    OregonLaws.org
    Plain English
    Preparing For Departure
    Privacy
    Pro Bono
    Resources
    Right To Repair
    Safety
    Scam
    Scams
    Strategic Planning
    Student Loans
    Tort Reform
    Training
    Used Cars
    Veterans
    Wage Garnishment
    Wage Theft
    Warnings
    Warranties
    Watchdogs
    Workplace

    Archives

    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    April 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011

    RSS Feed

Picture

LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2022.

Photos used under Creative Commons from Tony Webster, brand0con, eirikso, Fibonacci Blue, Jirka Matousek, Rd. Vortex, rcbrazier - Brazier Creative, cogdogblog, marfis75, marcoverch, GWP Photography, byzantiumbooks, Mic V., notacrime, emrank, Family Art Studio, dotpolka, respres, Mark Cummins, a little tune, Insulinde, Bill Wards Brickpile, Roger Chang, AnthonyMendezVO, jonrawlinson, Andres Rueda, Franco Folini, inman news, Pictures by Ann, ph-stop, crabchick, Jilligan86, Elvert Barnes, p.Gordon, CarbonNYC, Digital Sextant, darkpatator, Neil T, rictic, Mr. Mystery, SeanC90, richardmasoner, www.metaphoricalplatypus.com, lindsayloveshermac, Santacreu, =Nahemoth=, ReinventedWheel, LadyDragonflyCC - On Vacation, See you all soon!, Mr. T in DC, Nisha A, markcbrennan, Celestine Chua, Furryscaly, smkybear, CarbonNYC, radioedit, Don Hankins, Henrik Hovhannisyan, CoreBurn, Mike Licht, NotionsCapital.com, David Masters, SeeMidTN.com (aka Brent), SoulRider.222, amboo who?, robwest, Rob Ellis', floeschie, Key Foster, TechCocktail, That Other Paper, marcoverch, oskay, Muffet, rodaniel, Alan Cleaver, Mike Licht, NotionsCapital.com, Horia Varlan, xJasonRogersx, billaday, BasicGov, One Way Stock, mikebaird, Nevado, shalf