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With only rare exceptions, holiday pay is not legally mandatory. Premium pay for work performed on recognized holidays is only legally required for certain federal employees and in Rhode Island. There are no other state or federal laws that require it for salaried or hourly workers. However, many employers provide it in their employment contracts. …
You were involved in a motor vehicle accident where you suffered a torn rotator cuff and a bicep tear. You are in pain and may need shoulder surgery. Is there an average settlement amount in these types of cases? It is difficult to provide an exact average settlement value for rotator cuff and bicep injury …
What Are Brady Violations? 7 ExamplesWatch this video on YouTube 7 common examples of a Brady violation in criminal trials are when a prosecutor fails to disclose to a criminal defendant (or a defense attorney): evidence of a record or report that might suggest the defendant did not commit a crime (such as a law …
You were injured in a car accident and your attorney is preparing a demand letter to send to the at-fault driver’s insurance company. You do not want to speak with the insurance adjuster at all. Should you tell the insurance company that you have an attorney? Your lawyer will usually do this for you in …
You slipped and fell in a Walmart store and are now injured and in pain. Walmart is a retail giant. Can you really sue the company and be successful? It’s possible, yes. You can start by submitting a demand letter for compensation Claims Management, Inc. This is a company that Walmart created to handle all of …
Your loved one hurt her knee after slipping on a pool of liquid at a grocery store. Her personal injury attorney sent the store’s insurance company a demand letter. Is there an average settlement amount that she can expect? The facts of every knee injury case will differ. As such, knee injury settlement amounts will …
No, California is not a “right to work” state. “Right to work” states have laws that make it unlawful to require employees to join a union or pay union dues. Attempts to make California a “right to work” state have failed. Private California employers may require you to join a union in order to get …
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 …
LEGAL ANALYSIS: What is "Oral Copulation"? When is it illegal?Watch this video on YouTube Generally, oral copulation is defined as sexual intercourse involving the mouth. Oral copulation is perfectly legal when done in private among consenting adults. However, it is a criminal offense when done without the consent or against the will of the other …
The unfortunate reality is that people get injured in truck accidents every day. If you suffered an accident because of a trucker’s fatigued driving, who do you blame? Is the fatigued truck driver liable? Anyone else? If you suffered an injury in a fatigue-related truck crash, you may have grounds to bring a trucking accident …
In California, the only time there is a damage cap in a personal injury case is for non-economic damages in medical malpractice claims. Now that Assembly Bill 35 passed, starting in 2023, the non-economic damages cap will be $350,000 in non-death cases and half a million dollars in wrongful death cases. Then the caps will …
You have a loved one in a nursing home facility. You recently noticed some bruises on the family member, and she seems dehydrated. Are these signs of “neglect?” What does neglect in a nursing home case actually even mean? Nursing home neglect is when someone at a nursing home facility (for example, an administrator or …
Assume you suffered a serious back injury in a slip-and-fall accident. You filed a personal injury claim to try and receive compensation for your medical expenses and other losses. Should you expect to receive a particular back injury settlement amount? It is difficult to provide an average settlement amount for lower back injury claims. This …
Generally, there is no maximum number of hours that a 17-year-old can work in a day or week. However, a few states have employment laws and child labor laws that do limit how many hours a 17-year-old can work. Federal regulations also prohibit 17-year-olds from working in certain industries. They also limit the hours that …
In California, a split shift is a work day that is interrupted by unpaid time off work that is not a meal break. You have a split shift if you work in the morning, are given several hours off, then work again in the evening. You may be entitled to a shift split premium of …
You were arrested for DUI of drugs, but you never recall taking any drugs at all. You think someone tricked you into consuming an intoxicating substance. Can you mention this to challenge your drunk driving charge? Most likely, yes. Involuntary intoxication is usually a complete defense to most crimes. You can raise the defense if when …
In California, job abandonment is when you stop showing up to work without formally submitting a notice of resignation. The law does not specifically define how much work you can miss before your employer can lawfully treat you as having abandoned the job. Your employer’s policies may set how long it takes, however. If you …
You were recently rear-ended in an auto accident. The facts and issues regarding fault seem relatively straightforward. Can you really settle a car accident claim without a personal injury lawyer? If you are injured in a car crash, you can file a personal injury claim with the at-fault driver’s insurance company. It is usually a …
Penal Code 29.4 is the California statute that sets forth the legal defense of voluntary intoxication. This defense is asserted in criminal cases that involve a specific intent crime. It allows a defendant to introduce evidence of voluntary intoxication in order to show that the accused did not have the specific intent to commit a …
Imagine a loved one suffering a traumatic brain injury (TBI) following a car accident. While it is a mild TBI, expenses are piling up and there is a chance of long-term care. Is there a settlement value that you should expect to receive in a TBI or brain injury case? Your brain is a highly …
As employees, you have rights during a workplace 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 internal investigation. They also cannot break the law while investigating you for wrongdoing. You also have legal protections against retaliation …
What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences a defendant to jail or prison time, but then delays imposing the sentence in order to let the defendant serve time on probation. If the defendant completes probation successfully, the judge typically dismisses the case without placing the …
In California, the term “financial responsibility law” refers to the requirement that you carry proof of your ability to cover damages you may inflict in the event of a traffic accident. This usually means proof of auto insurance. The law is largely found in Vehicle Code Sections 1600-16078 VC and is sometimes referred to as “California’s Compulsory …
You were in a car crash and were clearly not at fault. Do you still an attorney? Can’t you just represent yourself? A lack of blame for a car collision may seem like an easy case that would not require help from a car accident lawyer or law firm. But a lawyer can still prove …
Is Lolicon (Loli) Legal in the United States?Watch this video on YouTube Possession of loli is illegal under federal law if two conditions are met: First, the anime depiction of an underage person is obscene or lacking serious value. Second, the anime was either transmitted through the mail, internet or common carrier; was transported across …