In California, you are considered a full-time employee if you work 40 or more hours in a week.1 This entitles you to certain workplace benefits. However, some federal laws define “full-time work” in a way that requires fewer hours on the job. Under these laws, you could be entitled to healthcare or retirement benefits without …
In California, “use it or lose it” vacation policies are prohibited. However, employers are only prohibited from taking back vacation time that has already accrued. They can take other measures to limit how much vacation time you can accumulate, such as capping the number of vacation days you can build up. In this article, I …
Are Salaried Employees Required to Get Holiday Pay in California? — Surprising Answer ExplainedWatch this video on YouTube There is no distinction between salaried (exempt) and hourly (non-exempt) workers when it comes to the law of holiday pay. Both types of employees are only entitled to PTO (or premium holiday pay) if their employer offers …
How to Get PAID for Your Vacation Time — Shouse Labor Law AttorneysWatch this video on YouTube In California, you can “cash out” vacation time when you’re discharged, or possibly while you’re still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a …
While federal law does not require a meal or rest break in a 5-hour shift, some state laws do. Many states, however, only guarantee a meal break for shifts longer than 5 hours. While rest break are paid, meal breaks are usually unpaid. If your employer does not provide a mandated break, you can file …
Under California criminal law, murder is homicide with malice aforethought whereas manslaughter is homicide without malice aforethought. Malice aforethought is acting with a specific intent to kill the victim or with a conscious disregard for life. Example: Mark’s dog has a history of nipping people’s ankles. After letting his dog off-leash at a park, the dog …
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 is not a “right-to-work” state. Right-to-work states make it unlawful to require employees to join a union or pay union dues. Attempts to implement such legislation in California have failed. Therefore, private California employers may require you to join a union in order to get hired or keep your job. What is a right-to-work …
In California employment law, a separation agreement is a written contract between an employer and a worker who is about to be terminated. The agreement generally requires the worker to waive all legal claims that they may have against the company. In exchange, the worker receives severance pay. Many separation agreements in California also restrict …
Double-Time vs Overtime — The difference in CaliforniaWatch this video on YouTube If you are a non-exempt employee in California, working extra hours entitles you to overtime pay (1.5 times your hourly rate of pay) or possibly even double-time pay. This chart illustrates when non-exempt workers are eligible for overtime and double-time pay: Extra Pay …
How long does a felony stay on my record in Nevada?Watch this video on YouTube In Nevada, felony cases stay on your criminal record forever unless you petition for a record seal. Felonies do not eventually “fall off.” Nevada imposes a five-year wait time before you can seal convictions for most category B, C, or D felonies. …
In Nevada, “open murder” refers to when prosecutors charge defendants with all four types of homicides for one killing. These four homicide crimes are: First-degree murder, Second-degree murder, Voluntary manslaughter, and Involuntary manslaughter. Prosecutors typically use the “open murder” strategy when they want to charge the defendant with first-degree murder but are unsure that they …
The Nevada smoking age is 21 years old. The minimum tobacco age limit was recently raised from 18 years old to 21 years old to align with federal law.1 The purpose of the new laws raising the state and federal minimum age to sell and purchase tobacco products is to: promote public health, reduce secondhand …
TL;DR Open carry is currently illegal in most of California, even though a 2026 Ninth Circuit ruling challenged the ban. The Baird v. Bonta ruling has been paused while the state seeks further review, so law enforcement continues to enforce California’s open carry restrictions. California law allows limited open carry licenses for exposed loaded handguns …
Colorado has its own state-level RICO statute known as the Colorado Organized Crime Control Act (COCCA). Like the federal RICO law, COCCA allows state prosecutors to pursue criminal masterminds who run illegal organizations. In this article, I break down what COCCA is, how it compares to federal RICO, and how state prosecutors are using COCCA …
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 There is no universally accepted marijuana DUI breath test, and existing THC breath tests have not proven reliable. Police often use blood, urine, saliva, field sobriety tests, and officer testimony, but these methods can be unreliable for proving marijuana impairment. THC can remain detectable after impairment has worn off, which means chemical tests can …
TL;DR An out-of-state DUI can trigger license consequences in the arresting state and criminal charges under that state’s DUI laws. The arresting state’s DMV may suspend driving privileges, and drivers usually must request a DMV hearing quickly to challenge the suspension. A DUI conviction can lead to jail time, fines, probation, DUI school, and ignition …
TL;DR DUI is usually a criminal offense, not a traffic infraction, and it is most often charged as a misdemeanor. A DUI conviction can lead to jail time, fines, probation, DUI school, license suspension, community service, and ignition interlock device requirements. Felony DUI charges may apply when prior DUIs, physical injury, death, or child passengers …
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 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 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 A California DUI conviction can trigger a driver’s license suspension, and reinstatement usually comes after the suspension period is complete. License reinstatement requires completing DUI school, filing Form SR-22 proof of financial responsibility, and paying the DMV reissue fee. A DMV hearing challenges a proposed suspension, while license reinstatement restores driving privileges after the …
