California - Page 15

“Wage Theft” in California – What Workers Need to Know

Wage theft occurs when employers intentionally fail to pay you for your work. In California alone, each year employees and independent contractors lose about $2 billion through wage theft.1 Yet California workers file only about 30,000 wage theft claims a year, seeking just $320 million. Ultimately, workers recover about only $40 million – just two …

Domestic Violence Leave in California – How Does It Work?

California Government Code 12945.8 (formerly Labor Code 230) requires all employers with more than 25 employees to provide domestic violence victim leave. This is time off work for victims of domestic violence. Meanwhile, employers of any size must let employees use paid sick days who need time to acquire: temporary restraining orders, restraining orders, mental …

California Labor Code 515 LC – Administrative Exemption for Overtime Pay

California Labor Code 515 LC is the state’s “administrative exemption.” It excludes the majority of white-collar workers from receiving time-and-a-half pay when they work overtime hours. The entirety of the statute text reads as follows: LC 515. (a) The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be …

Does Homeowner’s Insurance Cover Dog Bites In California?

Homeowners insurance can cover a dog bite in California. However, it does not always cover one. Some insurance policies require homeowners to opt in to dog bite coverage. Some deny coverage to certain dog breeds. Reviewing the language of your homeowners insurance policy is the best way to see if it covers dog bites. Buying …

Government Code § 12940 – Employer Discrimination and Harassment

California Government Code § 12940 forbids employers from harassing or discriminating against employees or job applicants based on their race, sex, and other protected characteristics. Aggrieved employees may file complaints with the state or file lawsuits against their employer. Government Code 12940 prohibits employers from disqualifying, firing, discriminating against, or harassing an employee (or potential …

Labor Code § 1102.5 LC – Whistleblowing Protections for Disclosing Legal Violations

California Labor Code § 1102.5 prohibits employers from retaliating against whistleblower employees who inform the government or police about the employer breaking the law. Employers face civil fines of up to $10,000 for each act of retaliation. The entire statute text reads: 1102.5. (a) An employer, or any person acting on behalf of the employer, shall …

California Penal Code § 396 PC – Price Gouging

California Penal Code § 396 PC prohibits price gouging by more than 10% after a state of emergency has been declared. Price gouging is a misdemeanor carrying up to one year in jail and/or up to $10,000 in fines. The entirety of the statute reads: 396. (a) The Legislature hereby finds that during a state …

§ 148d PC – Taking a Firearm From a Police Officer

California Penal Code § 148d PC makes it a crime to take a firearm from a police officer’s person or immediate presence. This offense be prosecuted for a misdemeanor or a felony. The full text of the law reads: 148d. (d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person …

California Penal Code § 244.5 PC – Assault with a Stun Gun

California Penal Code § 244.5 PC prohibits committing assault using a stun gun (or other less dangerous weapons). Prosecutors can press PC 244.5 charges as a misdemeanor or a felony. (Felony penalties are more severe if the victim was a police officer or firefighter.) The text of the statute is as follows: 244.5. (a) As …

Penal Code § 23900 PC – Altering a Firearm’s Identifying Information

California Penal Code 23900 PC makes it a crime to change or remove a firearm’s identifying information without written permission from the Department of Justice. Violating PC 23900 is charged as a felony with a sentence is 16 months, two years, or three years in county jail. The text of the statute reads: 23900. Any person …

California Penal Code 247(a) PC – Firing at Unoccupied Aircraft

California Penal Code 247(a) PC is the state law making it a crime to deliberately shoot a gun at an unoccupied airplane or helicopter. Violating PC 247(a) is a felony carrying 16 months, two years, or three years in prison. The statute reads as follows: 247(a). Any person who willfully and maliciously discharges a firearm …

Penal Code § 267 PC – Abducting a Minor for Prostitution

California Penal Code 267 PC is the state law prohibiting abducting children under 18 for the purpose of prostitution. Violating PC 267 is a felony carrying up to three years in state prison, up to $2,000 in fines, and lifetime registration as a sex offender. The complete text of the code section reads as follows: …

California Penal Code § 315 PC – Maintaining a Brothel

California Penal Code 315 PC prohibits people from living in or maintaining a brothel for prostitution. This crime is prosecuted as a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. The statute reads: 315. Every person who keeps a house of ill-fame in this state, resorted to for the …

Unemployment Insurance Code § 2101 UIC – Unemployment Insurance Fraud

Under California Unemployment Insurance Code § 2101, it is a criminal offense to make a false statement, fail to disclose a material fact, or use false identification to alter any benefit or payment. Unemployment insurance fraud can be prosecuted as either a felony or a misdemeanor. This is sometimes also referred to as “EDD fraud.” …

California Penal Code § 186 PC – Criminal Profiteering

California Penal Code 186 PC is the first statute representing the “California Control of Profits of Organized Crime Act”, which outlaws criminal profiteering (also referred to as racketeering). The Act comprises nine statutes in all: Penal Codes 186 PC through 186.8 PC. The text of the code section reads: 186 . This act may be …

Penal Code 1203.4a PC – Expungement of Infractions & Non-Probation Misdemeanors

California Penal Code 1203.4a PC allows defendants convicted of either infractions or misdemeanors without probation to petition the court to dismiss and expunge their case. Before the defendant can apply for a dismissal and expungement, a full year must have passed since the conviction. The entire text of the law reads: 1203.4a. (a) Every defendant …

Penal Code § 71 PC – Threatening Public Employees, Public Officers, School Employees or Officers

Penal Code § 71 PC makes it a crime to threaten to inflict bodily injury or property damage upon public officers, public employees, or school officials or employees. This section can be prosecuted as a felony or a misdemeanor carrying incarceration and/or up to $10,000 in fines. The full text of the statute reads as follows: …

California Penal Code § 222 PC – Administering Drugs to Commit a Felony

California Penal Code § 222 PC prohibits administering drugs to another person for the purpose of then committing a felony crime. This offense is itself a felony, punishable by a prison sentence of 16 months, two years, or three years. The language of the statute reads as follows: 222. Every person guilty of administering to …

Penal Code § 76 PC – Threatening Public Officials

California Penal Code § 76 PC prohibits making death threats or threats of serious bodily harm to public officials with the apparent ability to carry out the threat. A first-time offense of threatening public officials can be a felony or a misdemeanor carrying incarceration and/or up to $5,000 in fines. The full text of the …

Penal Code § 415.5 PC – Disturbing The Peace on Campus

California Penal Code § 415.5. PC prohibits disturbing the peace on school and college campus grounds. Disturbing the peace at a school is prosecuted as a misdemeanor, carrying up to $1,000 in fines and/or up to six months in jail, depending on the defendant’s criminal history. The text of the statute reads as follows: 415.5. …

Penal Code § 529.5 PC – Possessing, Selling, or Making Fake Government-Issued IDs

California Penal Code 529.5 PC makes it a misdemeanor to knowingly possess, sell, make, or transfer fake government-issued driver’s licenses or IDs that a reasonable person would presume are real. Depending on the case, the punishment includes fines and/or up to one year in jail. The text of the law reads: 529.5. (a) Every person …

California Penal Code 16470 PC – Dirks and Daggers

California Penal Code 16470 PC defines dirks and daggers as knives which can be used as stabbing weapons. It does not matter whether the dirk or dagger has a handguard or how long the blade is. The entire statute reads as follows: 16470. As used in this part, “dirk” or “dagger” means a knife or …

Penal Code § 243.6 PC – Battery on a School Employee

California Penal Code § 243.6 PC makes it a misdemeanor to commit battery against school employees. If the victim suffers injuries, however, then battery on a school employee can be charged as a misdemeanor or a felony. The full language of the code section reads as follows: 243.6. When a battery is committed against a …

California Penal Code § 653x PC – Calling 911 to Harass

California Penal Code § 653x PC prohibits contacting 911 for the purpose of harassing someone else. As a misdemeanor, misusing 911 with the intent to harass carries up to six months in jail and/or $1,000 in fines (plus any unnecessary emergency response costs). The full language of the statute reads as follows: 653x. (a) A …

California Penal Code § 555 PC – Trespass on Posted Property

California Penal Code 555 PC is the statute that prohibits trespassing on posted property. This offense is a misdemeanor that carries up to six months in county jail and/or up to $1,000 in fines. The full text of the statute reads as follows: 555. It is unlawful to enter or remain upon any posted property …