Engaging in distracted driving is dangerous. Statistically speaking, driving while distracted makes it 3x more likely that you will be involved in a car accident. What Qualifies as Distracted Driving in California? According to California law, anything that takes the driver's eyes or mind off the road or the driver's hands off the steering wheel qualifies as distracted driving. Many distracted driving incidents involve cell phones, so California state laws aim to reduce the number of accidents caused by distracted driving by specifically focusing on decreasing the distractions from cell phones on the road. California's Distracted Driving Laws: The dangers of distracted driving are real, and California lawmakers put laws in place to address the issue. State law prohibits drivers from reading, sending, or receiving texts or other communications or using handheld cell phones (or other devices). Under California law, drivers under 18 are prohibited from using cell phones while driving - even hands-free. Additionally,…Read More
Many California employers provide payment to their workers by commission. A commission is a payment the worker earns by completing a particular job or task. How Do California Workers Earn Commission? One common example of a commission-based payment system is receiving a specified payment (or commission) upon completion of a sale. Many California employers offer their employees sales commissions. A sales commission often equates to a percentage of the total sale or the contract the salesperson brings to the company. Commission payment is frequently used as an incentive to increase productivity for employees engaging in "selling" for California employers. Some California employers may even provide 100% of their payment to sales staff based on commission. In other cases, sales reps may receive a salary with additional bonuses and commissions earned by completing specific tasks. In California, Commission is Legally Defined as a Form of Wages: In California( and many other states), a commission is defined…Read More
Unfortunately, car accidents are a fact of life in California. Highly trafficked urban areas crisscross across the state. Additionally, the thriving tourism industry brings many drivers to California roads that not only increase the traffic but are unfamiliar with local roads and highways. Many California car accidents occur in busy, high traffic areas. While this fact means an increased risk of multiple car accidents and potentially higher property damage, it also means there are usually witnesses in the area. 5 Questions to Ask that Can Help Determine Liability in an Accident: Can you explain what happened in your own words? What were you doing just before the accident and where were you when the accident occurred? Did you see or hear any sudden braking before the collision? Do you remember where the cars involved in the accident were on the road before the collision occurred? Did you notice any of the vehicles speeding, driving erratically,…Read More
A hostile work environment is a place of work in which the words or actions taken by the employer, a supervisor/manager, or a co-worker (or multiple individuals in the workplace) negatively impact another employee’s ability to do their job. But how do you know when a “negative” work environment or “unlikable” work environment takes that final step and officially becomes a “hostile” work environment? How to Identify a Hostile Work Environment: The U.S. Equal Employment Opportunity Commission (EEOC) recognizes a work environment as hostile when it meets certain legal criteria: Negative Treatment: Unwelcome conduct or harassment occurs (based on race, sex, pregnancy, religion, ethnicity, disability, age, or genetics). Extensive Time without Improvement or Change: The harassment/unwelcome conduct is long-lasting. The Severity of the Bad Conduct: The harassment/unwelcome conduct is severe enough to be recognized as intimidating, offensive, or abusive. How to Legally Establish that a Workplace is Hostile: In order to legally establish that a…Read More
Left-hand turns are particularly dangerous for California drivers. Left-hand turn collisions are, in fact, some of the most common types of car accidents. But why are left turns so dangerous? Why Are Left Turns So Dangerous in California? Drivers are cutting across traffic heading in a different direction. If drivers aren’t careful, they can easily hit an oncoming car and suffer serious injuries (or even life-threatening injuries). Drivers turning left do not have the right of way (drivers turning right do). Drivers turning left are often cutting across oncoming traffic moving at 35-55 mph (or even faster). The driver’s view of traffic may be obstructed when turning left. (For example, a driver turning left may have their field of sight obstructed by a driver turning left on the other side of the intersection. California law requires drivers turning left to yield to oncoming traffic (except in certain circumstances). Drivers making a U-turn are also required…Read More
At the height of the COVID-19 pandemic, it was difficult to find a workplace that wasn’t experiencing big changes as an effect of the situation. The business landscape was effectively changed within only a 3-6 month span. One of the biggest changes implemented by a vast number of California employers was the implementation of temporary work-from-home accommodations for employees who could complete their job duties from home. Even employers who adamantly opposed telecommuting embraced it in order to avoid shutting down entirely. Temporary Work-from-Home Situations that Are Sticking Around Initially, temporary work-from-home assignments were a matter of survival for most companies. Desperate employers had every intention of bringing their workforce back to the office full-time post-pandemic, but now that the lockdowns are no longer in force, and California workers have the freedom to work in the office again - many are choosing to stay home. And many of their employers are on board. California Businesses…Read More
More than 3 million people are injured in car accidents every year, and car accidents account for just one type of personal injury claim. Numerous types of accidents could leave you entitled to compensation for an injury. When you are injured and need help seeking fair compensation, you already know you want an experienced personal injury attorney on your side, but you may not be sure how to find the right one. Finding the Right Personal Injury Attorney: Finding the right attorney to handle your personal injury claim can seem overwhelming. You’re already dealing with an injury, and all the extra time, energy, stress, and expense that goes along with it - and you want to ensure you get the best lawyer for the job. However, you aren’t sure how to tell who is qualified. If you aren’t sure where to start, we suggest asking the right questions. 6 Questions to Ask Your Personal Injury Attorney: Do you specialize…Read More
Employers have some wiggle room when they design their pay structures and policies. Still, they are governed by strict federal and state laws that regulate the overall payroll process and define employees' rights, including overtime pay. Are You Getting the Overtime Pay You Deserve? In California, non-exempt employees should be paid one and one-half times their regular pay rate for all hours worked over eight hours in any workday and over 40 hours in the workweek. In addition, employers are required to provide double the employee's regular pay rate for all hours worked over 12 hours in any workday and for all hours worked over eight on the seventh consecutive day of work in one workweek. 5 Signs You Aren't Getting the Overtime Pay You've Earned: Are you getting paid the overtime pay you deserve? Watch for some of the common warning signs below. These warning signs could indicate that you aren't being paid according to…Read More
When you've been injured in a car accident, and you are injured, you deserve financial compensation. Moreover, you'll need it - it's not a gift or a reward. Financial compensation for an injury sustained in a car accident is provided to cover the associated costs resulting from the injury. However, it can be very difficult for the injured party to ascertain what those costs will be - and, therefore, what sort of settlement would be appropriate. Is There an Average Settlement for California Personal Injury Claims? Looking at personal injury claims across the nation, most reported settlements fall between $14,000 and $28,000, averaging around $21,000. However, that doesn't mean your personal injury claim will see a similar result. It can be extremely difficult to place a value on a personal injury claim, and considering an "average" may not be very helpful in the long run, but it provides a starting point. Since personal injury case valuation and…Read More
In recent news, the presiding judge in California Superior Court considered the question of confidentiality agreements and specifically whether they are governed by California state law or federal law. History of the Case: Looking at Google's Confidentiality Agreements Do Google's confidentiality agreements break labor law? John Doe, a Google employee, claimed Google's "broad" nondisclosure agreement barred him from speaking about his job to other potential employers, which he argued amounted to a non-compete clause in violation of California labor law. The plaintiff also alleges that Google's NDAs block whistleblowing and discussing pay rates with co-workers. The Defendant: Google When the judge found that Google's NDAs effectively amount to illegal non-compete agreements, the search engine giant and other Big Tech firms with similar policies and procedures saw a significant setback. The Ruling: Big Corporations & Confidentiality Agreements A California judge recently agreed with the plaintiff that Google's NDAs equate to a non-compete agreement violating labor law.…Read More
