California - Page 11

§ 368 PC – “Elder Abuse” – California Law & Penalties

Playlist: Crime of "Elder Abuse" under California Penal Code 368 PC — Who Can Be Charged? What Are the Penalties? And Defenses for Wrongfully AccusedWatch this playlist on YouTube California Penal Code § 368 PC prohibits elder abuse, which is the physical or emotional abuse, neglect, endangerment, or financial exploitation of a victim 65 years …

Penal Code § 273a PC – Child Endangerment – California Law

Wrongly Accused of Child Endangerment? Advice from a former D.A.Watch this video on YouTube California Penal Code § 273a PC prohibits child endangerment, which is intentionally placing a child under 18 in a threatening situation. The child does not have to suffer physical harm: There just has to be an unreasonable risk to their health …

Penal Code § 484(a) PC – Petty Theft – California Law & Penalties

How to beat a Shoplifting charge? A former D.A. explainsWatch this video on YouTube California Penal Code § 484(a) PC prohibits “petty theft,” which is wrongfully taking or stealing someone else’s property valued at $950 or less. Petty theft is a misdemeanor punishable by up to six months in jail and/or $1,000 in fines, plus restitution. …

Penal Code § 148 PC – “Resisting Arrest” Laws in California

Playlist: Crime of "Resisting Arrest" Under California Penal Code 148 PCWatch this playlist on YouTube Penal Code § 148(a)(1) PC makes it a California misdemeanor to willfully resist, delay or obstruct peace officers or EMTs who are performing their official duties. The penalties are up to one year in county jail and/or $1,000 in fines. Officers …

§ 487 PC – “Grand Theft” – California Law & Penalties

Fighting charges of "Grand Theft" in CaliforniaWatch this video on YouTube California Penal Code § 487 prohibits grand theft, which is stealing either: Personal property, real estate, money, or labor worth more than $950; or Property directly from another person, regardless of its value; or A motor vehicle or firearm, regardless of its value.1 Stealing …

§ 273.5 PC – “Corporal Injury” to a Spouse or Cohabitant

“Corporal Injury” to a Spouse or Cohabitant — Domestic Violence Laws: Under Penal Code 273.5 PCWatch this video on YouTube California Penal Code § 273.5 PC prohibits causing physical injury to your spouse, cohabitant, dating partner, or parent of your child through an act of domestic violence. This offense is also called domestic abuse, spousal …

§ 245(a)(1) PC – Assault with a Deadly Weapon (ADW)

Assault with a Deadly Weapon (ADW) — Penal Code 245(a)(1)Watch this video on YouTube Penal Code § 245(a)(1) PC (assault with a deadly weapon) is defined as attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury. Prosecutors can charge this offense as a misdemeanor or a felony, carrying …

§ 647(f) PC – Public Intoxication – California Law & Penalties

Is it a crime to be "drunk in public"? California Penal Code 647f PCWatch this video on YouTube California Penal Code § 647f PC sets forth the crime of public intoxication. Also called drunk in public, you commit this offense by being under the influence of drugs or alcohol, in a public place, to the point of …

Hazard Pay in California – What is it and is it required?

Hazard Pay in California — "Do I qualify?"Watch this video on YouTube Hazard pay (also called “hazardous duty pay”) is extra pay an employer pays an employee for working under hazardous conditions or performing duties involving physical hardship. Each employer has its own hazard pay policies, if any. Here are five key things to know: Hazard pay is given in …

“Commission-Only Pay” for Sales Employees in California

"Commission-Only Pay" — Is it Legal in California?Watch this video on YouTube Commission-only pay refers to how some California sales employees are paid for work and/or services. In this arrangement, you earn a commission, or an amount of money, when you sell something. This amount is determined by either: the quantity of items you sell, or …

Can you sue for food poisoning? How to Bring a Lawsuit

Food Poisoning at a Restaurant or Grocery Store? You May Be Able to File a LawsuitWatch this video on YouTube The law allows you to file a food poisoning lawsuit against all the companies and people responsible for your illness. Typical damages include compensation for medical bills, lost work, pain and suffering, and punitive damages. …

California “Release of Liability” Waiver – Is It Enforceable?

Can You Still Sue if You Signed a Liability Waiver? — Top Injury Attorney Breaks Explains the LawWatch this video on YouTube In California, release of liability waivers are enforceable contracts in which you assume the risk of injury for potentially dangerous activities. You may be required to sign a liability waiver as a condition …

Negligent Hiring, Supervision & Retention – The Law in California

Negligent Hiring, Supervision & Retention — When You Can SueWatch this video on YouTube California law makes an employer liable for an employee’s negligence, recklessness or intentional wrongful acts when the employer knew or should have known that the employee was a risk to others. This legal principle is called negligent hiring, negligent supervision, or …

How do I sue a teacher or a school district in California?

School Lawsuits — "When Can You Sue a School?"Watch this video on YouTube To file a lawsuit against a school district requires the filing of a notice of complaint under the California Tort Claims Act. The act sets forth specific requirements which must be strictly followed, otherwise, the lawsuit may be dismissed. Filing a lawsuit …

Political Affiliation Discrimination – What is it and is it illegal?

Fired for Political Affiliation? "Can my boss fire me for my politics?" -Top Labor Attorney ExplainsWatch this video on YouTube California’s laws against employer political activity or affiliation discrimination, Labor Code 1101 and 1102, prohibit employers from setting any policy that prevents employees from engaging in political activity or running for political office, or that …

Workplace Parental Leave for School Activities in California

Parental School Activities Leave in California — Can I Leave Work to Attend School Functions?Watch this video on YouTube California Labor Code Section 230.8 entitles employees to take up to 40 hours off work each year for their children’s school activities. The law applies to employers with 25 or more workers and to employees who …

California “Ban the Box” – What Job Applicants Need to Know

Job application: Can they ask about my criminal record?Watch this video on YouTube California has a “Ban the Box” law that prohibits employers with five or more employees from inquiring into your criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny you because of …

California’s Domestic Violence Laws – A Quick Legal Guide

In California, you face domestic violence (DV) charges for allegedly physically harming an intimate partner. According to Penal Code 13700, “intimate partners” include your current or former: spouse, fiancé(e), or registered domestic partner, co-parent, or boyfriend or girlfriend, whether you live together or not. If no visible injury results, the D.A. would charge you with …

Disability Discrimination in California – How to File a Lawsuit

Disability Discrimination in California — "Can I Sue?"Watch this video on YouTube Workplace discrimination based on disability is prohibited under both California and federal law. Despite strong protections under the law, disability discrimination remains a significant issue for many California workers. In this article, our California labor and employment attorneys explain what you need to …

Whistleblower Retaliation Protection in California – A Guide to The Law

Whistleblower retaliation in California — How to fight back with a lawsuit against your bossWatch this video on YouTube California whistleblower protection laws prohibit your boss from retaliating against you for reporting workplace violations. Even if you turn out to be wrong, you are protected from retaliation as long as you reasonably believed your reports. …

Severance Pay in California – What You Need to Know

A stack of one hundred dollar bills sits on a typical office desktop. There is a note attached to the money that reads "severance pay".

Severance Pay in California — Top Key Facts Explained by Labor Law AttorneyWatch this video on YouTube California employers may choose to provide severance pay to laid-off workers even though the law does not require it. Many severance packages also include a separation agreement in which you agree to give up certain rights—such as suing …

Pregnancy Discrimination California – What are my rights?

Pregnancy discrimination by employers is illegal under both the California Fair Housing and Employment Act (FEHA) and the federal Pregnancy Discrimination Act (PDA). Between these two laws, California companies with at least five employees are forbidden from using your pregnancy as an excuse to either: Fire or demote you, Not hire or promote you, Deprive …

“Age Discrimination” in California – How to Bring a Lawsuit

Age Discrimination in California — "Can I be fired for being too old?"Watch this video on YouTube If you are 40 years old or older, both federal law and California state law protect you from “age discrimination” in the workplace. Signs of age discrimination are being demoted, fired, or passed over for a promotion for …

Bringing a Lawsuit for Unpaid Overtime in California

If you are a non-exempt employee in California, you can sue your employer for failing to pay you overtime wages that you have earned. You are entitled to overtime (OT) – which is 1.5 times your regular rate of pay – for working more than: 8 hours in a workday, 40 hours in a workweek, …

“Gender Discrimination” in California – How to bring a lawsuit

Gender Discrimination at Work — "When Can I Sue?"Watch this video on YouTube It is against the law for an employer to discriminate against you based on sex or gender. It is also against the law for an employer to pay you and a co-worker of the opposite sex different wages for equal work. If …