California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 2

Pedestrians do not always have the right of way. Drivers have the right of way when pedestrians do not comply with their state’s pedestrian and crosswalk laws. In some cases, pedestrians can be held liable for the pedestrian accident. They can also be held partially at fault and lose compensation through comparative negligence rules. Do pedestrians …

The burden of proof at a California DMV hearing is “by a preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that you committed the violation. By contrast, prosecutors in court must prove that you violated a DUI law “beyond a reasonable doubt” in order to successfully …

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. …

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 …

The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. Section 1983 claims, by contrast, cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and …

Double-Time vs Overtime — The difference in CaliforniaWatch this video on YouTube In California, non-exempt employees are entitled to overtime pay if they work more than a standard workday or workweek. Regular overtime is 1.5 the person’s hourly rate of pay. But workers in California are also entitled to double-time pay (or twice their regular …

In California, you may be entitled to reporting time pay if you show up to work but get sent home before working half of your shift, or if you work a second shift of under 2 hours. Your employer may have to pay you for hours you did not work. However, there are some exceptions …

The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …

If you suffer whiplash in a car accident, you deserve to be compensated for your losses. That compensation can vary widely, though, because whiplash injuries can range from minor to life-changing. Minor whiplash injuries can settle for less than $10,000 while serious injuries can settle for over $100,000. Your degree of fault and available insurance …

The 3 steps to file a workplace harassment lawsuit in California are to inform the appropriate personnel at work of the harassment, file a harassment complaint with CRD, and obtain a “right to sue” letter to initiate the lawsuit. This gives you an opportunity to resolve the case quickly and easily out of court. You …

California no longer applies the tort law principle of contributory negligence. Instead, California law now applies pure comparative negligence rules in personal injury cases. Under these rules, a person responsible for causing an accident only compensates you in accordance with their percentage of fault. For example, if a party is only 25 percent at fault …

The California statute of limitations for wrongful termination depends on the reason why the discharge was unlawful. You have 2 or 3 years to bring a claim under state law. But an EEOC claim must be filed within 180 days of the termination in order to be considered timely. Some federal wrongful termination laws use a …

Generally, the statute of limitations for a negligence claim in California is 2 years. However, certain types of cases may have a longer or a shorter timeframe. There are also circumstances that toll, or delay, the running of the time to file the claim. Lawsuits filed after the applicable statute of limitations has expired are …

California Vehicle Code section 21703 VC is the state law that commonly deals with rear-end collisions. This section prohibits drivers from following other vehicles too closely. Also known as tailgating, this practice is frequently the cause of rear-end car accidents. However, not all rear-end crashes are the result of tailgating. Some are even the fault …

Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Especially important is the worker’s salary prior to termination. This drives many of the legal damages …

10 of the most important rights that you have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave (FMLA), minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. You also have other rights, as well. However, exempt …

As a victim in an Uber accident, you can bring a claim to seek compensation for all of your legal damages. That compensation can be worth anywhere between a few thousand dollars to over $1,000,000, depending on the nature and severity of the injuries. You will rarely see your compensation reduced for your share of …