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10 of the most important rights that employees have under California employment law include: overtime pay, meal and rest breaks, anti-discrimination rights, protection from sexual harassment, family and medical leave, minimum wages, protection from workplace retaliation, workplace safety, sick leave, and protection from wrongful termination. Workers in California also have other rights, as well. However, …
It can be. A prosecutor can charge the crime of battery as either a felony or a misdemeanor depending on the facts of the case and the defendant’s criminal history. Most jurisdictions say that battery is a felony offense if it rises to the level of an “aggravated battery.” A person commits aggravated battery when: …
A felony arraignment hearing is normally the first formal court appearance in criminal cases where a defendant is charged with a felony offense. In most jurisdictions, these hearings are when courts inform defendants of the crime(s) filed against them, advise defendants as to their constitutional rights, address issues of bail and release from custody, and …
A bench warrant (“BW”) is a warrant to arrest and detain a person who has either failed to appear in court or failed to obey a court order. In California, a person can clear a bench warrant by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on …
In California, the commission agreement controls when, or even whether, an employer has to provide earned commission pay after an employee’s termination. Many California employers use forfeiture provisions that require commissioned employees to be currently employed in order to receive their commission. If there is no forfeiture provision, employees are entitled to receive unpaid commission. …
In California, nearly all employers have to pay commission-based earnings at least twice every month. They typically have to be paid in the first pay period they can be calculated. If the employee has left the company, commission has to be paid immediately. The details should be outlined in the sales commission agreement. Almost all …
California Code of Civil Procedure 377.60 CCP is the statute that allows certain people to file a wrongful death lawsuit. Eligible parties include a deceased person’s surviving spouse, domestic partner, or children. These parties are sometimes referred to as “heirs” in a wrongful death cause of action. The party that passed is often referred to …
It can be. Most jurisdictions say that a prosecutor can charge the offense of false imprisonment as either a misdemeanor or a felony. The decision is typically made based upon the facts of the case (including on whether the defendant committed the crime by using force or fraud) and the defendant’s criminal history. False imprisonment …
Bonus pay can impact overtime calculations for non-exempt employees if it is a nondiscretionary bonus. This would change the worker’s regular rate of pay, which is used to calculate overtime pay. Discretionary bonuses, on the other hand, generally do not alter the regular rate of pay and do not impact overtime. How does overtime pay …
As of January 1, 2020, to be considered an exempt employee in the U.S., a worker must be paid a minimum salary of $684 per week, or $35,568 per year. Exempt workers in California, meanwhile, must be paid a salary that is at least twice the state’s minimum wage. The 2021 California minimum wage is $13.00 …
In some states, minors can be made to register as sex offenders if they get convicted of a sex crime. Minors who have to register can face criminal charges for failing to do so. However, there is a wide variety of rules in different states regarding sex offender registration for minors. For example, in California, …
Infractions and misdemeanors are both offenses in the California criminal justice system. The main difference between the two is in their severity and in how they get punished. Infractions are less serious offenses than misdemeanors. They are punishable by a maximum fine of $250. Unlike misdemeanors, they do not subject an offender to incarceration. Common examples …
It can be. There are times when defendants in criminal cases may want to waive their right to a jury trial, and instead have a bench trial where the judge alone decides guilt or lack of guilt. Examples of when a defendant may want to waive a trial by jury include when: the defendant is …
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 …
A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard. “Execution” in this context is when the court carries out the sentence or imposes it. If granted, this motion temporarily stops the trial …
Employees can be disciplined for submitting a timesheet late, or with errors. However, that discipline cannot impact the employee’s pay. Employers are not allowed to delay or dock the worker’s pay for a timesheet mishap. The discipline is limited to warning, suspending, or terminating the worker, and cannot be done in a discriminatory fashion. What …
Under California employment law, all employers have a legal obligation to pay employees the wages they have earned and to pay these wages on time. This includes the final payment of wages upon a worker’s termination of employment. Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties …
In California, workers who report their income on a Form 1099 are independent contractors, while those who report it on a W-2 form are employees. Payroll taxes from W-2 employees are automatically withheld, while independent contracts are responsible for paying them. W-2 employees can also receive employment benefits, like workers’ compensation and minimum wage coverage. …
In California, the statute of limitations for a person to bring a wrongful death claim is generally two years from the date of the decedent’s death. But there are some exceptions. For example, if a person’s death was caused by medical malpractice, then the statute of limitations is three years from the date of the …
What is "res ipsa loquitor"?Watch this video on YouTube This month we are looking at Latin legal phrases that sound complicated but actually represent simple concepts. One of our favorites is “res ipsa loquitur,” which means “the thing (or matter) speaks for itself.” Pronounced RACE IP-sa LOCK-wit-tour, the doctrine is used to prove negligence with …
An arraignment is the first formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of a defendant’s arrest if he/she is held in custody. If a defendant is not kept in custody, then the proceeding must typically take place “without unnecessary delay.” An arraignment is the …
In California law, second-degree murder is defined as the unlawful killing of a human being that is done without deliberation and premeditation, but with malice aforethought. A conviction is punishable by 15 years to life in state prison. Under California’s murder laws, five examples of when a prosecutor can charge a person with second-degree murder …
Mistake of age can be a defense to a criminal charge for statutory rape. If a defendant honestly and reasonably believed that the alleged victim was at or above the age of consent, this can serve to negate the crime in certain states and jurisdictions. What is statutory rape? Statutory rape is the crime of …
A workers’ compensation appeal usually takes around two to four months to complete. Note, though, that every workers’ comp case is unique, and an appeal could take slightly less time or slightly more. Following a workers’ compensation trial, claimants typically initiate the appeals process by filing for reconsideration with their state’s workers’ compensation appeals board. …
Yes. Some jurisdictions allow police to administer urine tests in DUI cases to check if motorists have drugs or alcohol in their system. However, urine testing is sometimes less reliable than other forms of testing (for example blood tests or breath tests) and are considered less practical to administer. Police most often ask for a …