Mazaheri Law Firm Newsletter
February and March 2010
Mazaheri Law Firm
3445 W. Memorial Road, Ste. H
Oklahoma City, Oklahoma 73134
(405) 607-4357 (HELP)
(405) 414-2222
Dear Friends,

Last year the attorneys at Mazaheri Law Firm did over 2,000 client consultations and this year our clientele keeps growing.  We would like to thank you for the client referrals and it's because of you that we are adding a newManaging Attorney attorney to our team, Mr. Bill Bergner.
 
Furthermore, our first Estate Planning Seminar was great and we had some good discussion about avoiding probate and some good questions from the attendees.  Our next free Estate Planning seminar will be March 5th at 1 pm at the Mazaheri Law Firm. Please contact the firm to sign up.
 
Lastly, I want to thank you for your continued support of the Firm and positive feedback from the newsletters. 
 
 
Sincerely,
 

Katherine Mazaheri
Mazaheri Law Firm
 
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 youMichael Jackson?  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, March 5th at 1 pm for additional information.
About Our Law Firm
Preparation. Protection. Piece of Mind.
The Mazaheri Law Firm believes that clients have the right to know what to expect when they enter into a professional relationship with their lawyer. The following statement summarizes our philosophy of practice and our commitment to you, should you become our client:

"We provide you professional legal services with compassion. We emphasize service to our clients and a personal touch on each claim. We treat you with respect and work hard to get you all that you deserve."

We are dedicated to helping you and your family in any way we can. Call today for your free consultation.

Mazaheri Law Firm
3445 W. Memorial Road, Ste. H
Oklahoma City, Oklahoma 73134
Mazaheri Law Firm
In This Issue
Builders Beware: Unpaid wages and overtime can create real problems with the government
Wills v. Trusts
Attorney Spotlight
Of Counsel Attorney
We are happy to welcome our new Of Counsel Attorney, Mr. Bill Bergner. He has extensive trial experience in state and federal courts and has been practicing law for over 25 years.  Mr. Bergner's trial experience includes personal injury, property damage and fire cases, insurance issues, employment law, workers compensation and professional liability. Mr. Bergner also assists taxpayers with issues with the IRS and the Oklahoma Tax Commission. To find out more about the attorneys at Mazaheri Law Firm, please visit our website.
Do's and Don'ts during a DUI Stop
 
1. Pull Yourself Together.
It's too late to control how much you drank.  Now, what you say and what you do can determine your case. So take a deep breath.
 
2. Accept that you are probably going to Jail.  This is not a ticket that you can likely talk your way out of.  If an officer believes you may not be capable of driving the vehicle, they will take to jail, or a minimum, the drunk tank.
 
3.  Try to Understand the Police Officer.  Officers are concerned for their own safety when approaching a vehicle.  Keep your hands on the steering wheel and let the officer know where you are reaching if you are getting your wallet. 
 
4.  Be Polite, but do not admit your guilt.  You can respectfull decline to incriminate yourself at a stop.  You have the right to silence.  So avoid answering questions like how much have you had to drink tonight?
 
5.  Say Nothing (or as little as you can) Anything you do or say will be used against you in a court of law.  So you must assert your right to any attorney the moment you are interrogated.
 
6.  Don't submit to a Field Sobriety Test.  You will likely fail, even if you are sober.  Don't give the officer any additional evidence to use against you in court.
 
7.  Breathalyzer.  If you don't submit to the breath  test, you may not be offered the opportunity to a  modified driver's license.
 
8.  Arrested?  Assert your right to an Attorney and Contact one immediately. 
Mediation Settles Cases
In this economy, litigation can be time consuming and expensive.  Today, many parties choose to resolve their dispute through mediation because the process is both confidential and voluntary.  Mediation does work!  Mediation has, as its focus, solution - not winners and losers. Mediation's goal is an agreement acceptable to all parties which can minimize the hassle of court costs and attorney fees rising.


If you are involved in a dispute and need to resolve your case, call us at 414-2222 or
email at mediation@mazaherilawfirm.com.