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 …
A wage and hour settlement ends a claim for unpaid wages. 4 things to know about them are: you may be entitled to more than just your unpaid wages, class action settlements can take longer to disburse, you generally have to sign a release to get paid, and most of your settlement will be taxable. …
In order to file a lawsuit for workplace harassment in California, you have to do 3 things: inform your employer of the harassment, file a harassment complaint with the California Civil Rights Department (CRD), and obtain a “right to sue” letter from the CRD. Only after receiving this “right to sue” letter can you bring …
In California, exempt workers are those who are not protected by wage and hour laws. Non-exempt workers are protected by these laws, giving them rights to overtime pay, a minimum wage, and meal and rest breaks. California labor law determines whether a worker is exempt; not the employer. Here are 10 examples of exempt and …
In California, you can be fired after handing in your 2 weeks notice. While you will not earn your wages, it turns your resignation into a termination. This means you can collect unemployment. If the discharge was in retaliation for you handing in your 2 weeks notice, it can be grounds for a wrongful termination …
Not Getting Paid Reimbursements? — California Labor Code 2802 ViolationsWatch this video on YouTube While federal law does not require employers to pay for work-related expenses incurred by you while working from home, many state laws do. These state laws often require reimbursement for necessary job expenses, such as: internet access, cell phone use, and …
If your employer in California denies a reasonable accommodation request, this can amount to discrimination. You can file a complaint with California’s Civil Rights Department or with the U.S. Equal Employment Opportunity Commission (EEOC). You can also file a discrimination lawsuit against your employer, though you may need a right-to-sue letter. You should also request …
The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense. Neither necessarily means that …
Part-time employees in California may get vacation time. While there are no California state laws or federal laws that require it, many employers provide vacation time for their part-time employees. Sometimes, it is even paid time off (PTO). When employers do provide vacation time, the details about how vacation time accrues, how it can be …
What is the DLSE? Labor Lawyer Explains How to File a Claim with the California Labor CommissionerWatch this video on YouTube The California DLSE is the state’s Division of Labor Standards Enforcement. It is also known as the California Labor Commissioner’s Office. It handles claims under California’s wage and hour laws as well as some …
Proof beyond a reasonable doubt is the legal standard that a prosecutor must meet to secure a guilty verdict in a criminal trial. In other words, a defendant is presumed innocent unless and until his or her guilt is proven beyond a reasonable doubt. But what does that really mean? California Jury Instruct (CALCRIM) 220 …
Yes, renters insurance will generally cover dog bites. However, you should still review the precise terms of your policy. Some renters insurance policies have important limitations on what they cover. There will also typically be a policy limit. This is the maximum amount of money the insurance company will pay after a dog bite. Review …
If you have been falsely accused of domestic violence, there are things that you can do to mitigate the damage and clear your name. Several legal defenses are available that can undermine the accusations and show that you are innocent. Additionally, there are several things to avoid doing, as they typically make matters worse. What …
In 49 U.S. states, there is no legal requirement that private companies have to provide part-time workers with holiday pay. Only Rhode Island requires it. However, companies can choose to provide it. Many do so in order to attract better talent and improve workplace morale. Among public employees, only certain federal part-time employees are legally …
The amount of time that insurance companies have to investigate a claim depends on the state. It is generally anywhere from a couple of weeks to over a month. The length of a particular investigation will depend on several factors, like the claim’s complexity and the amount at issue. Insurance companies can also request more …
Different states use the terms “sexual assault” and “sexual abuse” in different ways. Both are typically crimes, though. Sexual abuse is often a sex offense committed on a child, while victims of sexual assault are typically adults. They can also both be the basis for a civil lawsuit against the perpetrator or anyone else responsible. …
In California, chargeback fraud is typically the crime of buying something with your credit card, demanding a refund from the seller without returning the item, and then disputing the charge with your credit card company. Also known as “double-dipping,” you would have the item and its cost in money. It can be prosecuted under a …
Getting criminal charges dropped before trial is one of the best outcomes you can achieve. There are numerous grounds for getting charges dropped, though persuading the prosecutor to drop the charge is rarely easy. If you are successful, you will not have to go to trial. However, dropped charges can be refiled later if new …
If you miss a mandatory court date, a bench warrant will likely be issued. This means you can detained and brought to court for a hearing on why you failed to appear. If you cannot justify your absence, then you can also be charged with failure to appear. However, if you have a good excuse …
If you miss your court date, the judge will likely issue a bench warrant for your arrest. Prosecutors may also file criminal charges for failure to appear (FTA). Your driver’s license may even get suspended. When police execute the bench warrant, you will be brought to court. This applies to missed court dates in both …
Playlist: The California Crime of "Corporal Injury to a Spouse" (Domestic Violence)Watch this playlist on YouTube The term corporal injury to spouse refers to a criminal charge for willfully inflicting a physical injury upon one’s husband or wife. Most states apply the law not just to spouses, but also to intimate partners (which can include co-parents, …
California Labor Code § 221 says that employers may not take back any wages already paid to an employee. These deductions are illegal, and employers who violate this section face civil and criminal penalties. However, there are limited exceptions to Labor Code 221 that let employers deduct costs like health insurance. The language of the …
As a general rule, arrest warrants do not expire. Rather, they stay active indefinitely until the person named by the warrant is arrested or the warrant is “recalled and quashed.” That said, arrest warrants that do not get executed for years may result in your case being dismissed under the criminal statute of limitations or …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
In California, workers’ compensation benefits are generally not taxable. However, there is an exception. Your benefits may be taxed if you also receive benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and your earnings are too high. If these are offset by your workers’ comp benefits, then your workers’ compensation would …
