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

TL;DR You can return to work after receiving a workers’ compensation settlement, depending primarily on the type of settlement agreement reached. A Stipulation and Award keeps your medical benefits open continuously, making it much easier to return to your current employer in full or modified capacity. In a Compromise and Release (lump-sum settlement), insurers frequently …

TL;DR Prosecutors cannot secure a DUI conviction without evidence, as they must prove beyond a reasonable doubt that the defendant drove while impaired or with a prohibited blood alcohol content. Common evidence includes officer observations, chemical breath or blood test results, field sobriety tests, and physical items like open alcohol containers. Drivers can still be …

TL;DR A medical lien allows injured victims to receive necessary healthcare on credit, with medical providers agreeing to be reimbursed directly from the final personal injury settlement or verdict. Medical lienholders receive their repayment first from the recovery funds before the plaintiff receives their portion of the payout. If a plaintiff loses the case or …

TL;DR Corporal injury to a spouse is a specific, severe form of domestic violence that requires inflicting a physical injury resulting in a traumatic condition. Unlike general domestic battery, which is a misdemeanor, corporal injury is a wobbler offense that prosecutors can charge as either a misdemeanor or a felony. Potential severe penalties include state …

TL;DR Personal injury settlement checks typically arrive within six weeks of signing and returning the release form. Payment processing can face hold-ups due to insurance disbursement schedules, bank holding policies, weekends, and holidays. Final payouts are delayed because funds must first cover legal fees, medical liens, and subrogation claims from health or auto insurers. Settlements …

TL;DR Foreign drivers aged 18 and older with a valid license from their home country can legally drive in California without needing a state license or an International Driving Permit. An International Driving Permit is recommended to translate your non-English license for law enforcement and to meet rental car agency requirements. Non-resident minors (ages 16–17) …

TL;DR Under California law, workers’ compensation is generally the exclusive remedy for job injuries, preventing employees from suing their direct employer for negligence. You can file a civil lawsuit against your employer if they lack required workers’ compensation insurance, commit a willful physical assault, or remove a power press point-of-operation guard. Lawsuits are also permitted …

TL;DR A DMV hearing is an administrative proceeding conducted at a Driver Safety Office or over the phone by a trained DMV employee who acts as both prosecutor and judge. To win the hearing, the DMV officer only needs to prove guilt by a “preponderance of the evidence”—meaning it is more likely than not that …

TL;DR Having a misdemeanor record creates hiring hurdles, but job prospects remain significantly better than for those with felony convictions. Some job applications only ask for felonies, and background checks under the Fair Credit Reporting Act generally restrict employers to considering offenses from the last seven years. Disqualifications typically depend on the job type, as …

TL;DR Making a false 911 emergency report is a crime in California that can be charged as either a misdemeanor or a felony. Misdemeanor charges carry up to one year in jail and a $1,000 fine, while felony charges apply if the call results in death or great bodily injury and can lead to three …

TL;DR Returning to work after a lump sum settlement (Compromise and Release) depends on the insurance carrier, as many require you to resign so they are not liable for re-injury costs. If you want to remain with your current employer, you can instead opt for a Stipulation and Award, which keeps medical coverage open and …

If you get hurt in an accident in California, you can sue to help cover your costs even if you were 99% at fault. This is because California is a “pure comparative negligence” state. The monetary damages you receive would just be reduced by your percentage of fault. For example, if you are 60% to …

In California, you are considered a full-time employee if you work 40 or more hours in a week.1 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, “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 capping the number of vacation days you can build up. In this article, I …

Are Salaried Employees Required to Get Holiday Pay in California? — Surprising Answer ExplainedWatch this video on YouTube There is no distinction between salaried (exempt) and hourly (non-exempt) workers when it comes to the law of holiday pay. Both types of employees are only entitled to PTO (or premium holiday pay) if their employer offers …

How to Get PAID for Your Vacation Time — Shouse Labor Law AttorneysWatch this video on YouTube In California, you can “cash out” vacation time when you’re discharged, or possibly while you’re still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a …

While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …