Brandishing a weapon is the crime of exhibiting something that could be used as a weapon in a threatening manner. How exactly the offense is defined, and the penalties for a conviction, vary by state. However, brandishing a weapon in an act of lawful self-defense is generally a legal defense to the charge. What does …
After a fatal accident, the deceased victim’s loved ones can file a wrongful death claim against the at-fault party and recover 4 types of damages in California: burial and funeral expenses, the victim’s lost income and financial support, the victim’s pain and suffering, and loss of consortium and companionship. A survival cause of action can …
In California, “police code 245” refers to the crime of assault with a deadly weapon. This includes assault with a firearm, as well as assault by means likely to produce a great bodily injury. The number for the code comes from the section of California’s Penal Code that defines the offense. In other jurisdictions, this …
In California, if you have a suspended license, you have to wait for the suspension duration to end to apply for a reinstatement. A license that has been suspended will not automatically renew when the suspension period ends. Applying for reinstatement includes paying fees, proving proof of adequate auto insurance (SR22 insurance), and applying in …
Most states require physicians to inform the DMV when they diagnose you with any medical or mental condition that may affect your ability to drive safely. Some common conditions that may impact your ability to drive safely include: lapse of consciousness Alzheimer’s disease, cataracts, dementia, diabetes, and macular degeneration. These conditions are a common cause …
If you get convicted of a felony offense in California and get placed on felony probation, you must abide by specific rules (called “terms and conditions” of probation). Ten of the most common conditions of felony probation in California are that you: pay victim restitution, perform community service, submit to random drug testing, complete drug or alcohol …
At the DMV hearing, the hearing officer will listen to evidence of guilt presented by the arresting officer. They will then hear any evidence that you choose to present. You can testify and cross-examine other witnesses and the arresting officer. All of this happens in a DMV office, or even over the phone. What happens …
You were recently caught taking some clothes from a store. The store you shoplifted from has now sent you a civil demand letter calling for $250. Do I really have to pay? Maybe. If you refuse to pay the store, the store could take you to court in an attempt to collect the money. But …
In California, a statutory employee is a worker who is classified as an employee (rather than as an independent contractor) by statute. There are only a few types of statutory employees in California. If a worker is a statutory employee, they have more legal protections. But their employer has to withhold certain taxes from their paycheck. What …
A pretrial diversion program is an alternative resolution of a criminal case by which you can avoid jail and a criminal conviction. The program diverts you out of the criminal justice system and into a form of supervised release or probation. If you complete the diversion program, you can have your case dismissed. If you …
Electric scooters are motorized devices with two wheels, handlebars and a floorboard that you stand on to rise. You can operate an e-scooter with any class of driver’s license in California. You do not need to register the device with the DMV. Also, you can only ride the scooter up to 15 MPH and on …
In California, police code 211 is for a robbery or armed robbery, which is covered by California Penal Code section 211. There are also police codes for robbery alarms. Code 211A is for when a normal robbery alarm has been reported. Code 211S is for a silent robbery alarm. What is robbery in California? The …
If you have been the victim of workplace discrimination or harassment in California, you can file a complaint with the Civil Rights Department (CRD). This office was formerly known as the California Department of Fair Employment and Housing (DFEH), so the filing is still referred to as a DFEH Complaint. 5 key steps to take …
As a general rule, employers may not take away or reduce any commissions that an employee has already earned. There are often terms in the commission agreement that allows an employer to deduct commission in certain situations. Those situations, however, are limited by state commission-based pay law and must be clearly written in the commission …
In California, a split shift is a work day that is interrupted by unpaid time off work that is not a meal break. You have a split shift if you work in the morning, are given several hours off, then work again in the evening. You may be entitled to a shift split premium of …
Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire you. The only time managers can join in the tip pool is if they do the same work as you. Here are four key things to know: Employers must distribute funds in the …
In California, you are considered a full-time employee if you work 40 or more hours in a week. This entitles you to certain workplace benefits. However, some federal laws define “full-time work” in a way that requires fewer hours on the job. Under these laws, you could be entitled to healthcare or retirement benefits without …
In California, employers are legally required to include certain information on the pay stub they issue to workers. This is to ensure that wages, deductions and payee information is correct and complies with state law. If some of the information is missing or incorrect, it can lead to a wage and hour lawsuit. Workers also …
A full-time exempt employee is someone who works full-time hours and is exempt from certain state and federal wage and hour requirements, such as overtime and the minimum wage. To be full-time, you must work at least a certain number of hours. To be an exempt employee, you must meet job duties and salary requirements …
In California, the minimum wage for servers in 2024 is $16.00 per hour. In some cities and counties, the minimum wage is higher. Unlike in some other states, servers and other workers in California are entitled to minimum wage in addition to the tips they earn. Do California’s minimum wage laws apply to servers? Yes, …
You may have been charged with arson for allegedly setting fire to a building. But then you soon learn that you could face extensive prison time because the arson was really “aggravated arson.” Is there really such a crime? Yes. Simple arson generally refers to the crime where you willfully and maliciously set fire to …
5 key things to know about California’s payroll laws are that they apply to all non-exempt workers, forbid work off the clock, require meal or rest breaks, set the minimum wage, and make employers pay most discharged workers at the time of termination. Together, these laws are very friendly for workers. Violations can lead to …
Warehouse workers often face significant wage and hour issues in the workplace. 5 of the most common are: minimum wage protections, overtime pay, payments for rest and meal breaks, being required to work off the clock, and receiving unpaid wages after termination. These concerns are growing more and more important as large companies, like Amazon …
In some cases, yes. We all know that drugs and alcohol can cause serious problems for employers. It can cause a drop in productivity, an increase in absenteeism, and an increase in worker’s compensation and medical claims. Legal Drug Use With alcohol, an employee in California cannot be fired for using alcohol on their own …
The simple answer is yes. If the Department of Motor Vehicles (DMV) learns you had a fainting spell, it will likely suspend your driver’s license. However, you do have an opportunity to contest the suspension. If you can show that the fainting episode was isolated and that you are otherwise safe to drive, your license …
