California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 4

Playlist: Reckless Driving Plea Bargain in a California DUI CaseWatch this playlist on YouTube The most common way to get a charge of driving under the influence (DUI) dropped to a charge for reckless driving is through a plea deal. However, raising strong legal defenses against the DUI charge can also persuade prosecutors to reduce …

In California, you can win a wage claim by: understanding your legal rights, gathering evidence of a labor violation, filing a wage claim, helping with the investigation, and attending the wage claim hearing. An employment lawyer can help, particularly if the wage claim is a complex one. 1. Understand your rights If you do not …

In California, “use it or lose it” vacation policies are prohibited. However, employers are only prohibited from taking back vacation time that has already accrued. They can take other measures to limit how much vacation time you can accumulate, such as by capping how many vacation days you can build up. California prohibits “use it …

Everyone knows that it is illegal to have possession of narcotics, at least without a valid prescription. However, the law in many states also makes it a criminal offense to be “under the influence” of a controlled substance. However, what it means to be “under the influence” of a drug can depend on the offense. …

Contrary to popular belief, employers generally do not have to give a reason or explanation to employees who are being fired. In nearly all states, employment is presumed to be “at will,” meaning you or your employer can end the employment relationship at any time, and for whatever lawful reason. Some employment contracts, however, require …

In California, hourly and non-exempt employees have to clock in and out of work. This includes tiny amounts of work done outside of work hours. Employers cannot demand or allow work off the clock, though they can round your work time up or down provided that certain requirements are met. Non-exempt and hourly employees clock …

To beat a sexual assault charge, you should avoid speaking to the police and others involved in the case, hire an experienced lawyer, and gather and present evidence that supports the best legal defense for your situation. There are several legal defenses that are available. Your lawyer will help you understand which one is the …

California Labor Code section 2802 requires employers to reimburse their workers for business expenses. Those business expenses include anything you spend in the discharge of your job duties or to follow your employer’s instructions. If you are not reimbursed for these expenses then you can recover them, as well as attorneys’ fees, in a wage …

The elements of strict liability depend on the type of case. Generally speaking, though, the elements are: the defendant had something dangerous, the dangerous thing put you at risk through no fault of your own, and it caused you to get hurt. Strict liability comes up in civil cases involving products liability, dog bites, and …

In California, as a general rule, you will face no legal repercussions for not reporting a crime that you witness or otherwise have knowledge of. However, there are three exceptions where failure to report a crime can itself be a crime: you are a mandated reporter who did not report child abuse or neglect, failing …

In California, workplace harassment is unwanted conduct, directed at someone else, that is based on a protected characteristic. Those protected traits are listed by the California Fair Employment and Housing Act (FEHA). They include: race, religion, sex, gender, gender identity, sexual orientation, disability, pregnancy, or national origin. Harassing behavior is unlawful if it creates a …

A statutory employee is a worker who is classified as an employee by statute. These statutes detail working conditions that can only be done by employees. Even if the employer classifies the worker as an independent contractor, the law treats the worker as an employee. Employers of statutory employees must withhold certain taxes. The workers …

Following an arrest, the booking process can take anywhere from less than an hour to several hours, depending on: the police station’s booking procedures, how many people are being booked, and how many officers there are to handle the bookings. After the booking process, you could be released on own recognizance or after posting bail. …

Children with Jobs in California? 4 Jobs Children Under the Age of 14 Can Legally HaveWatch this video on YouTube California’s child labor laws regulate the circumstances under which minors (persons under the age of 18) can work in the state. The state laws are supplemented by federal laws that restrict what occupations can employ …

Pregnancy discrimination in the workplace is both illegal and common. A recent study shows a link between a mother and baby’s health and perceived pregnancy discrimination, which is alarming considering more than 70% of all pregnant women are in the workforce. That amounts to 2.8 million women who need accommodations at some point.1 In our …

To prove a case of wrongful termination, you generally have to show that your former employer’s stated reason for the discharge was false, and that your termination was for an illegal reason such as: unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. What is wrongful termination? Wrongful termination occurs when …

Wage discrimination is the illegal practice of an employer paying unequal compensation to workers for substantially the same work because they belong to a protected class. California’s anti-wage discrimination law – called the California Equal Pay Act (CEPA) – forbids paying workers who perform substantially similar work different compensation because of their sex, race, or …

The amount of a settlement for whiplash victims can vary widely, from less than $10,000 to over $100,000. The amount you could receive depends mainly on how bad the injury was. Whiplash injuries range from minor to extremely debilitating. Other factors are whether you were partially to blame, the state where the accident happened, and …

Bonus pay can impact overtime calculations for non-exempt employees if it is a nondiscretionary bonus. These bonuses can change the worker’s regular rate of pay, which is used to calculate overtime pay. Discretionary bonuses, on the other hand, generally do not alter the regular rate of pay and do not impact overtime. How does overtime …

In California, your commission agreement controls when, or even whether, an employer is required to provide earned commission pay after your termination. Many California employers use forfeiture provisions that require you to be currently employed in order to receive your commission. Therefore if you are terminated before you receive your commission, you forfeit it. If …