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

What Is an “Order Decision or Award (ODA) of the Labor Commissioner”? — Top Labor Attorney ExplainsWatch this video on YouTube In California, the Order, Decision or Award (ODA) of the Labor Commissioner is the ruling of the hearing officer in a wage claim, often for wage theft. ODAs are issued after the wage claim …

Tip pooling is lawful in California so long as the pool does not include managers who have the authority to hire or fire you. Managers can only join the tip pool if they do the same work as you. Employers can have mandatory tip pooling arrangements and must distribute funds in the tip pool fairly …

Is California a “Right-to-Work” State? Top Labor Lawyer ExplainsWatch this video on YouTube California is not a “right-to-work” state. Right-to-work states make it unlawful to require employees to join a union or pay union dues. Attempts to implement such legislation in California have failed. Therefore, private California employers may require you to join a union …

1099 Independent Contractor vs W2 Employee — "Can I sue my boss if they misclassify me?"Watch this video on YouTube In California, if you report your income on a Form 1099, you are an independent contractor, while if you report it on a W-2 form, you are an employee. Payroll taxes are automatically withheld if …

What Are the Overtime Rules for California Hospital Workers? — Top Labor Law Attorney ExplainsWatch this video on YouTube As a hospital worker in California, you may be subject to special overtime rules. If you are classified as an exempt worker, you are not entitled to overtime (time-and-a-half) pay unless your employer chooses to provide …

Over 40 and Offered a Severance Agreement in California? Top Labor Attorney Says "Don't Sign it!"Watch this video on YouTube Employers who offer a severance agreement to induce you to waive your rights must follow special rules if you are at least 40. Federal law requires these severance agreements to be clearly written and explicit. …

"Use it or Lose it" Vacation Policy — Do I lose my vacation days if I don't use them in California?Watch this video on YouTube 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 …

Do You Get Paid For Vacation Days If You Quit?Watch this video on YouTube Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out …

The Occupational Safety and Health Administration (OSHA) says that a normal work shift is no more than 8 consecutive hours in a day, with each shift split by at least 8 hours of rest. A normal workweek is 5 such work days.1 However, this is not binding. OSHA does not penalize employers who demand more. …

The Crime of "Contributing to Delinquency of a Minor" — California Penal Code 272 PC ExplainedWatch this video on YouTube You commit the criminal offense of contributing to the delinquency of a minor when you: commit some act or fail to act in a certain way, and the action or inaction makes a child more …

What Is the Difference Between a Lawyer and an Attorney? — Former LA District Attorney ExplainsWatch this video on YouTube There is a subtle difference between the meaning of attorney and lawyer. You are a “lawyer” if you graduate from law school. You then become an “attorney” if you pass the bar exam and enter …

"Can I Go to Jail for Prank Calls?" — Former District Attorney ExplainsWatch this video on YouTube Prank calling can be illegal in some situations. While each state is different, most states prohibit making prank calls to annoy or harass someone. All states make it illegal to prank call 911. Recording a prank call can …

Hung Jury in California? What Happens Next? — Top Defense Attorney ExplainsWatch this video on YouTube In California criminal trials, a hung jury is when the jurors cannot reach a unanimous agreement as to the verdict. All jurors have to agree on guilt or innocence to render a trial complete. (Hung juries can also occur …

What Is an Arraignment in the California Criminal Court Process? — Top Defense Attorney ExplainsWatch this video on YouTube An arraignment is typically the first court hearing, or a defendant’s first appearance in court, in a criminal case and it marks one of the initial stages in the pretrial process. During the hearing, the judge …

What Is a "Misdemeanor" Under California Law? — Common Misdemeanor Crimes and Punishments ExplainedWatch this video on YouTube Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail …

Taking back (“recanting”) your domestic violence statement will not automatically cause the criminal case to be dropped – especially if prosecutors have other evidence that abuse occurred. Plus, the police may then arrest you for giving false statements, obstructing justice, perjury, or even contempt if you fail to show up to trial. To reduce the …

Attempted murder is a serious felony that, depending on the facts of your case and the state in which your crime took place, could result in a sentence of life in prison. Like it sounds, an attempted murder is trying – and failing – to kill a human being. Note that if the victim dies …