California Legal Blog – A Deep Dive Into Issues That Affect Your Life - Page 4

Workplace harassment is unwelcome and discriminatory conduct that happens on the job. It does not necessarily need to be sexual harassment to be unlawful. Under federal law, harassment can come in 2 forms: A quid pro quo, or a hostile working environment. Some state laws provide workers more protection from harassment in the workplace. Victims …

Most states say that it is a crime if you hit and damage a parked car and then leave the accident scene without providing the other party with your information. Prosecutors typically charge the offense as a misdemeanor. Depending on the facts of the case, and the state in which you are charged, penalties may …

Gross negligence refers to a level of negligent conduct that is more egregious than ordinary negligence. Ordinary negligence is generally restricted to unintentional conduct that led to an injury. Gross negligence, however, is usually defined as willful conduct that showed an extreme indifference or reckless disregard for someone else’s safety or property. A defendant’s gross …

There is data indicating that around 93 percent of workers’ compensation cases lead to benefits being paid. However, “winning” a workers’ comp claim does not just mean receiving benefits. It also means receiving adequate compensation to cover all of your medical expenses, rehabilitation, and lost wages. Many workers who receive benefits are still undercompensated. However, …

It can be illegal for two minors to have sex. In some states, having sexual intercourse with someone who is under the age of consent is always treated as statutory rape. In other states, however, there is an exemption to statutory rape for when two people who are close in age have consensual sex. What …

In California, the minimum wage for servers in 2022 is $15 per hour if their employer has 26 or more employees, and $14 per hour if their employer has 25 or fewer employees. In some cities and counties, the minimum wage is higher. Unlike in some other states, servers and other workers who earn tips …

Workers’ compensation insurers can offer a settlement at any point in the claims process. It can happen as early as a few days after your claim, or as late as a year or more afterwards. Many factors can impact when the offer is made, but the severity of your injuries are a major influence. If …

The term mitigate damages refers to a doctrine most common in tort and contract law that a plaintiff’s monetary recovery (stemming from an injury or a breach of contract) can be reduced by the extent to which the plaintiff could have taken reasonable steps to avoid or “mitigate” his or her damages. The doctrine of …

Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire employees, unless those managers do the same work as the employees in the tip pool. Funds in the tip pool have to be distributed fairly and according to a set formula. What are …

Reaching a worker’s compensation settlement after returning to work is common. This is especially true if you can work with the injury but will still require ongoing care. The settlement amount should reflect the compensation owed for unpaid benefits and for future medical treatment. After a workplace injury, you can recover workers’ compensation. This covers …

A typical settlement for a car accident that caused a herniated disc is several hundred thousand dollars. However, settlements in herniated disc cases vary widely. Some herniated discs are relatively minor, while others are permanently disabling. Some settlements can be for as little as $20,000. Other car accident cases with a herniated disc are worth …

It depends on the insurer. Many workers’ comp insurance carriers will only offer a lump sum settlement if you resign. They claim that letting you return to work would mean that the insurer may have to pay for another workplace injury that is already covered by the settlement. To return to work, you often have …

Breaking and entering and trespassing are similar but distinct crimes. Breaking and entering involves the use of force, however slight, to gain entry into a building or residence. Trespass only requires an unauthorized entry onto someone else’s property, with or without forced entry. In most states, there also has to be an intent to commit a …

California employers are not legally required to give workers a paid day off for a holiday. Nor are they legally required to pay extra for hours worked on a holiday. However, many employers choose to do so. If holiday pay is promised in the employment contract, the employer is then contractually obligated to follow through on …

The average settlement for a car accident that caused back and neck injuries typically depends on three primary factors: the extent of the injuries, the degree of fault on the part of the other party, and the amount of insurance coverage available. Some neck and back injuries are minor and often settle for around $10,000. …

Under Penal Code 21510 PC, butterfly knives are considered a form of a switchblade and are illegal in California. Specifically, it is a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail. Are butterfly knives illegal in California? In …

Victims in car accidents can often expect anywhere from a few thousand dollars to over $1,000,000 in a car accident settlement. The wide range is because there is no such thing as an “average” car crash. By the same token, there is no “average” settlement. The settlement should reflect the victim’s legal damages. Other factors …

A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete. If there is a hung jury in a case, then …