Working off the Clock — 5 Ways Employers Try to Force YouWatch this video on YouTube In California, the term “working off the clock” refers to non-exempt employees who perform (unpaid) work after clocking out, before clocking in, or during unpaid rest and meal breaks. Working off the clock violates both California law and the …
California employers who offer a severance agreement to induce you to waive your rights must follow strict legal rules—especially if you are 40 years old or older. Both federal law and California law place important limits on severance agreements. If you are age 40 or older and are being asked to waive age-discrimination claims under …
TL;DR To recall a bench warrant in California, you or your attorney must appear in court and request that it be cleared. A bench warrant does not expire and stays active until it is resolved or the person dies. Failing to address a warrant can lead to arrest, additional charges, fines, or jail time. …
TL;DR Whether you can get a DUI on a bike depends on your state’s laws and how “vehicle” is defined. In many states, bicycles are not considered vehicles for DUI, but some states do allow DUI charges for biking. Even if DUI does not apply, you can still face other charges like public intoxication or …
TL;DR Violating felony probation can lead to serving the suspended jail time or the maximum sentence for the original offense. Judges may also choose less severe options, such as reinstating probation or adding stricter conditions. Felony probation allows you to avoid prison if you follow rules like reporting to an officer, paying restitution, and completing …
TL;DR Key steps include staying silent, hiring an experienced defense lawyer, and gathering evidence to support your case. Avoid speaking to police, friends, or posting online, as anything you say can be used against you. Common defenses include consent, alibi, misidentification, false accusations, and lack of evidence. To beat a sexual assault charge, you …
TL;DR To expunge a misdemeanor in California, you must complete probation, file the correct paperwork, and attend a court hearing. Eligibility depends on factors like finishing probation, not facing new charges, and typically not serving time in state prison. Expungement can improve job prospects and remove many penalties, but it does not restore all rights …
TL;DR A DUI typically appears on background checks, including both convictions and sometimes arrest records. This can impact jobs, housing, and licensing, especially for roles like commercial driving. Expungement may remove a DUI from public view, but eligibility varies by state and it may still count as a prior offense. A DUI will typically …
TL;DR Arrests can stay on your record permanently unless you take legal action to have them sealed or expunged. Expungement or sealing removes the record from public view, but it may still exist in law enforcement databases or media archives. Eligibility and rules vary by state, with some allowing record removal only after meeting strict …
TL;DR Expungement rules vary by state, and many felony convictions cannot be expunged at all. Serious crimes like murder, violent offenses, and sex crimes involving children are almost never eligible for expungement. Even when allowed, expungement usually requires meeting strict conditions like waiting periods, completing sentences, and maintaining a clean record. Many felonies cannot …
TL;DR Sex offenders typically must register within a few days of release or sentencing and update their information annually. Registration requirements vary by state and offense, ranging from 10 years to lifetime registration. Failing to register is a separate criminal offense that can lead to prison time and other penalties. People required to register …
What is the average wrongful termination settlement in California?Watch this video on YouTube Workers who prevail in a wrongful termination claim often receive compensation ranging from $5,000 to $100,000. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Of particular significance is your salary before …
Workplace Investigation — What Are My Rights as an Employee? Top California Labor Lawyer ExplainsWatch this video on YouTube As employees, you have rights during a workplace/human resources investigation. These can be especially strong if you are a public employee or have a collective bargaining agreement. Regardless, your employer must follow company policies during the …
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 any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …
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 to receive your commission. Therefore, if you are terminated before you receive your commission, you forfeit it. If your commission …
On January 2, 2026, the Ninth Circuit Court of Appeals struck down California’s open carry ban for counties with over 200,000 residents in the case Baird v. Bonta. However, because the California Attorney General immediately petitioned for an en banc rehearing, the ruling has been paused. Open carry currently remains illegal in California and the …
Protected Classes in the Workplace — "What are they?"Watch this video on YouTube A “protected class” refers to a group of people who share similar characteristics and are legally protected from being harassed or discriminated against because of those characteristics. The term “protected class” often arises in employment discrimination cases where an employer unfairly treats …
Lewd and lascivious conduct is defined as a sexual act that is offensive to community standards of decency. In many of the cases I handle, it often allegedly involves a child. Physical penetration is not necessary for there to be lewd and lascivious conduct. An example is intentionally groping a minor. Lewd and lascivious conduct is …
In California, employers are legally required to include certain information on the pay stubs they issue to workers. This is to ensure that wages, deductions, and payee information are correct and comply with state law. If any information is missing or incorrect, it can lead to a wage-and-hour lawsuit. Workers also have a right to inspect their payroll records. Pay Stub …
Dirk or Dagger "When are knives illegal to carry?" — California Knife Laws — Penal Code 21310 PCWatch this video on YouTube In the context of criminal law, a dirk or dagger is defined as a knife or other instrument (with or without a handguard) that can be used immediately as a stabbing weapon, and …
PAGA Claims — "How long is the statute of limitations to file a PAGA claim?"Watch this video on YouTube In California, the statute of limitations or window of time in which you can bring a PAGA claim is generally one year from the date of the last labor violation on which the claim is based. The Private Attorney …
Child Labor Laws in California – 5 Key Facts Every Parent & Employer Should KnowWatch 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. State laws are supplemented by federal regulations that restrict which occupations may employ minors. Child …
If you are a non-exempt employee in California, you must receive overtime pay (OT) for exceeding certain thresholds of “hours worked.” Specifically, your employer owes you overtime in the following three circumstances: Time-and-a-half pay when you work more than 8 hours in a workday or more than 40 hours in a workweek; Double-time pay when …
In California, the ABC test is one of the tests courts use to determine whether a worker or a vendor is actually an employee versus an independent contractor. Unlike independent contractors, employees have the right to the following legal protections under state and federal employment law: overtime pay, the minimum wage, and other employee benefits. …
There are several California laws that regulate whether a doctor’s note is necessary for you to receive sick time, FMLA leave, or disability accommodations. These laws limit what your employer can make you disclose. However, there are still many unresolved issues and grey areas of the law. If you are not required to provide a …
