Dashboard cameras (sometimes called dash cams) are legal in California. The dash cam is also becoming more and more common. One benefit of using a dashcam is that it could help determine liability if you are in a car accident. Can Dashcam Footage Be Introduced As Evidence For A Car Accident Case? Dashcam evidence can often be used as evidence in California car accident cases. Having dashcam footage can help you prove the other party involved in the accident was liable and that you are not responsible for the car accident. How Does A Car Accident Case Work In California? As an at-fault state, California holds the person responsible for the accident liable. The individual liable for the accident must pay for the losses incurred by the other party. Losses may include property damage, medical bills, etc. So, it's essential that the parties involved in the accident present as much evidence as possible to determine…Read More
California employees are protected from age discrimination in the workplace by federal and state laws. If your employer engages in age discrimination, they are violating labor law. California workers are also protected against retaliation for opposing workplace discrimination. What is California Age Discrimination? According to the U.S. Equal Employment Opportunity Commission, age discrimination is treating an applicant or employee less favorably based on age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people over 39. The ADEA doesn't provide the same protection for those under 40. Older employees can also turn to the federal Older Workers Benefit Protection Act to help protect their rights in the workplace. This act requires that employers offer employees 40 and older 21 days to review any paperwork waiving their rights (like a severance agreement). Employees are also given a whole week to revoke a severance agreement. What is Workplace Retaliation? Age discrimination laws protecting California job…Read More
Federal anti-discrimination laws generally apply to private employers with at least 15 employees. However, California prohibitions reach even smaller private employers prohibiting employers of 5 or more employees from discriminating against job applicants or employees or retaliating against them for asserting their rights. Discrimination in California Workplaces Laws prohibiting discrimination apply to all different types of business practices, including: Advertisements for job openings Screening of job applicants Interviewing job applicants Hiring new employees Assigning transfers to employees Offering employee promotions Terminating an employee Determining compensation Controlling working conditions Selection for training opportunities Inclusion in apprenticeship programs Anti-Discrimination Laws Apply to Employers' Business Practices Anti-discrimination laws apply to public and private employers, employment agencies, and labor organizations. There are many different types of discrimination that can cause significant harm to California workers. Different Types of Discrimination Often Seen in California Workplaces: Age discrimination: discriminating against someone based on their age Disability Discrimination: discriminating against someone based…Read More
California is a pure comparative fault state. California's comparative fault law, also known as comparative negligence, means a person injured in an accident can still recover damages if they are partially to blame in a California car accident. Comparative Fault Laws & California Car Accidents: As a pure comparative fault state, people in California can seek to recover damages even if they are 90% or 99% at fault in an accident. In comparison, the modified comparative fault doctrine used in other states prohibits victims from seeking damages if they are 50% or more at fault for an accident. Under California's comparative fault law, an individual who is injured in an accident and partially responsible for that same accident isn't liable for covering all the costs of the accident and associated damages; they're only liable for covering the percentage for which they were at fault. For example, if one party in an accident is 30% at…Read More
Wage theft is a widespread problem that crosses industries across California and the entire country. What is Wage Theft? Wage theft is when an employer fails to pay their employee the wages they are legally due, a violation of employment law that is a deep-rooted issue causing severe harm to millions of California workers every year. What If My California Employer Doesn't Pay Me? If your California employer isn't paying you the wages you've earned, they are violating the law. Withholding an employee's wages is illegal. However, many employers get away with it by pressuring their workers to keep quiet for fear of workplace retaliation and wrongful termination. What To Do If You Are a Victim of Wage Theft? If you are not compensated for your work, the first step is to make sure you talk to your employer about the problem. Sometimes, the failure to provide appropriate compensation to an employee is a solitary…Read More
If you are a passenger in a California car accident, you’re probably covered by the at-fault driver’s bodily injury liability insurance and PIP. Depending on the details, the passengers in a car accident can file an injury claim with their driver’s insurance company, the other driver’s insurance company, or their own insurance company. No matter what, passengers must take the necessary steps to be prepared to file an injury claim after a car accident. What To Do If You Are a Passenger in a Car Accident and You Are Injured: Navigating the claims process following a California car accident is difficult, but navigating an accident claim can be even more complex and confusing if you are a passenger in a California car accident. It’s important to realize that you don’t have to do it alone. Working with an experienced, local car accident attorney can significantly improve your chances of successfully resolving your claim with less…Read More
As the California economy continues to reopen and adjust to a slightly new standard, employers and employees continue to seek resolution to various employment issues. Today’s California workers are taking action to resolve employment violations and seeking resolution through the court system. 5 Common Types of Employment Law Violations in California’s Workplaces: Misclassification as Independent Contractors Failure to Pay Wages for All Hours Worked Failure to Pay Commissions for Sales Misclassification of Workers as Exempt from Overtime Paid Sick Leave When California Employers Misclassify Employees as Independent Contractors: Employees are granted various legal rights, including minimum wage, medical benefits, paid sick leave, and overtime pay. These protections are not given to independent contractors. Complying with federal employment laws affording employees these rights generates additional costs for employers; some attempt to avoid these costs by misclassifying their employees as independent contractors. Some California employers misclassify employees to cut back on expenses, but others do so by…Read More
Have you been injured in a California car accident? If so, filing a personal injury lawsuit may allow you to recover damages. However, for a valid personal injury claim, you must prove the other driver involved was negligent. When is a California Driver Liable for a Car Accident? California drivers all have a duty to exercise reasonable care when driving. A driver's responsibility to exercise reasonable care is breached when they violate traffic laws, drive recklessly or unsafely, or ignore unsafe road conditions. Negligence in a California Car Accident: Typically, for a successful car accident claim, the plaintiff must demonstrate that the other driver caused the incident and that the injury resulted from the accident. The plaintiff will also need to show proof of any elements of negligence: Distracted driving (were they texting while driving?) Ignoring traffic signals or road signs Driving while over-tired Driving under the influence Reckless driving/speeding Failing to yield Tailgating Aggressive…Read More
Following the coronavirus pandemic and the various shutdowns across the country, many employees went from full-time in-office to working full-time from home. The change occurred so quickly for many Californian workers they weren't left much time for questions or research regarding their new situation. Many now have privacy concerns and questions about the legality of monitoring employees completing their work as telecommuters. Some California Employers Monitor their Telecommuting Employees' Computers One of the main concerns employers have with a telecommuting workforce is whether or not their employees are doing their job - completing their assigned tasks. Some employers now depend on surveillance programs and applications that provide a report based on monitoring a worker's productivity. Should Employees be Concerned if an Employer is Monitoring their Home Computer? The rapid increase in telecommuting employees seems a natural precursor to increased productivity monitoring app use. Still, many are becoming more and more concerned about the legality of…Read More
When you've suffered an injury, and you're in the middle of a California personal injury claim, you may hear a lot of different legal references to evidence: a preponderance of evidence, clear and convincing evidence, the burden of proof. It may seem confusing, but there are such specific terms all referencing evidence because the requirements regarding evidence in this type of case are also quite precise. A Preponderance of Evidence: Proving Your California Personal Injury Case In many California personal injury cases, the plaintiff must prove their case with a preponderance of evidence. A preponderance of evidence means that the plaintiff's claim is more likely true than not. Clear and Convincing Evidence: Sometimes a Case May Require More The court may require proof of a claim, fact, or element by clear and convincing evidence for the occasional civil case. Clear and convincing evidence may be necessary for California cases seeking punitive damages. In these cases,…Read More
