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The term “solicitation” generally means asking for or trying to get something from another person. While relatively simple, the word causes some confusion when applied to California law. What exactly does soliciting mean in the California criminal justice system? There are five key things to know about “solicitation” in the context of California criminal law. …
In California, a work permit is something that you generally need in order to work if you are under the legal working age. It is also known as a Permit to Employ and Work. However, there are exceptions to the requirement. There are also some jobs that minors cannot perform, as well as limits on …
Commission-based pay is workplace compensation determined based on an employee’s sales productivity. It can be tied to the overall quantity of sales or the value of the things sold. How your particular commission pay is generally calculated is set out in the commission agreement. State and federal laws regulate commission-based pay. Four key things to know …
In California, full-time work is 40 or more hours per week. California does not, however, have a specific definition as to how many hours is part-time. Full-time employees are often entitled to more workplace benefits than part-time employees. However, federal law may entitle you to healthcare benefits if you work more than 30 hours per …
The police recently arrested you for assaulting someone in a bar. How can a prosecutor charge it? Are there really different levels of assault? Yes. Most jurisdictions recognize six common types of assault charges. These include: simple assault, aggravated assault, assault with a deadly weapon, sexual assault, vehicular assault, and felony assault. A prosecutor can …
A wage and hour class action is where one or more workers bring a legal action on behalf of a larger group of workers, alleging that they all suffered the same or similar damages because of the employer’s violation of labor laws. The top six grounds for a wage and hour class action lawsuit are: minimum wage violations, misclassifying …
You are charged with sexual assault in connection with a domestic violence matter. However, you believe you committed the crime because you were easily startled due to your post-traumatic stress disorder (PTSD). Is it possible to use your PTSD to challenge the charge? The answer largely depends on the facts of your case and how …
You were pulled over for a traffic violation. You believe, though, that you did nothing wrong and the police officer never had probable cause to stop you. Can you now fight the ticket? What exactly is the probable cause standard in California? The term “probable cause” can generate some confusion as it can have different …
In California, employers are required to reimburse you when you use your personal vehicles for business purposes. There are 4 ways to calculate the reimbursement: lump-sum payments, reimbursement based on actual mileage, reimbursement based on actual expenses, or reimbursement based on a mixture of fixed and variable rates. Regardless of the method, you are entitled …
You were recently caught taking some clothes from a store. The store you shoplifted from has now sent you a civil demand letter calling for $250. Do I really have to pay? Maybe. If you refuse to pay the store, the store could take you to court in an attempt to collect the money. But …
Dog bite lawsuits are often worth around $50,000. That amount can increase or decrease significantly, depending on the extent of the victim’s injuries, whether the victim was partly at fault, and whether the owner had reason to know that the dog posed a danger to others. State law can influence the value of a case …
In California, employers are legally required to include certain information on the pay stub they issue to workers. This is to ensure that wages, deductions and payee information is correct and complies with state law. If some of the information is missing or incorrect, it can lead to a wage and hour lawsuit. Workers also …
Pregnancy discrimination in the workplace is both illegal and common. In our experience, we tend to see this take place in seven common scenarios. These are an employer: refusing to hire you because you are, or want to become, pregnant, refusing to provide reasonable accommodations, firing you because of your pregnancy, harassing you because of …
Working off the clock is when you are a non-exempt employee and perform work after clocking out, before clocking in, or during an unpaid break. Working off the clock violates the federal Fair Labor Standards Act (FLSA). Employers who require or permit you to work off the clock can face a wage and hour lawsuit …
In California, the Order, Decision or Award (ODA) of the Labor Commissioner is the ruling of the hearing officer in a wage claim, often for wage theft. ODAs are issued after the wage claim hearing. The decision indicates who won the hearing and the award indicates how much the employer must pay to the worker. …
You were recently arrested for DUI. The police searched your vehicle after taking you into custody and found evidence of a drug crime. Can a prosecutor really use this evidence to support a drug charge? Is it really legal for the police to search my car without a warrant? There are certain situations where law …
Marital status is generally not a protected class under federal employment law. However, around half of the states in the U.S. have state laws that make it a protected class. Where it is a protected class, employers cannot discriminate against you based on your marital status. If they do, you have legal recourse under anti-discrimination …
The term workplace retaliation refers to a scenario in which your employer takes adverse action against you because you exercised a right or engaged in a legally protected activity. Victims of retaliation can file a complaint with the labor commission and may be able to file a civil lawsuit seeking money damages. Five common examples …
To get a marijuana cultivation license in Colorado, complete the MED New Regulated Marijuana Business License Application and submit it to the Marijuana Enforcement Division (MED). The cannabis cultivation application can be submitted digitally or dropped off or mailed to 1697 Cole Blvd., Suite 200, Lakewood, CO 80401. (MED will conduct credit and background checks …
California employers are not legally required to give you 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 your employment contract, your employer is then contractually obligated to follow through on …
Yes. As of January 1, 2015, undocumented immigrants in California can obtain a special “AB 60 license” without a social security number.1 This was the result of California Assembly Bill 60, the “Safe and Responsible Driver Act.” An AB60 license looks the same as a regular driver’s license (DL), but is marked “Federal Limits Apply” in …
The state of California has numerous laws and regulations that govern how and when paychecks are to be issued. Workers should be aware of five key rights: what their pay stub has to include, when they are entitled to their wages, their rights to examine their payroll records, what has to be included in their …
In California, you can cash out vacation time when discharged, or while still working. Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a form of wage, you are entitled to it upon discharge. While employers can cap how much vacation time you can accumulate, …
Assume you were arrested for DUI and taken to the county jail. You must now go through the booking process. Any idea on how long it takes? The booking process can take less than an hour or up to several hours depending on such things as: a police station’s particular booking procedures, the number of …
Legal Analysis: What is the crime of "oral copulation with a minor"?Watch this video on YouTube Penal Code 288a PC prohibits oral copulation with a minor under the age of 18. Oral copulation is defined as any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of …