Warehouse workers often face significant wage and hour issues in the workplace. 5 of the most common are: minimum wage protections, overtime pay, payments for rest and meal breaks, being required to work off the clock, and receiving unpaid wages after termination. These concerns are growing more and more important as large companies, like Amazon …
The difference between an uninsured and an underinsured motorist is whether he or she has any liability insurance coverage, at all. Underinsured drivers have liability coverage that will cover some of the victim’s losses. Uninsured drivers either do not have any liability coverage, or have insurance coverage that will not cover any of the victim’s …
California law allows you to recover two types of compensatory damages in personal injury lawsuits: “Special damages” and “general damages.” Special Damages – also called economic damages – include tangible losses such as medical expenses, lost wages, and any other out-of-pocket expenses incurred from the injury. General damages – also called non-economic damages – comprise …
There is no state employment law in California that defines part-time work as being less than a certain number of hours. Instead, it is generally up to the employer to define what “part-time” means. The Labor Market Information Division of the California Employment Development Department has a non-legally binding definition of part-time work as fewer …
In California, the service hour rules that commercial drivers have to follow depend on whether their route is interstate or intrastate and what they are carrying. If you are engaged in interstate commerce or are carrying hazardous waste, you have to follow federal hours of service rules. Otherwise, you have to follow the rules issued …
The pain and suffering multiplier is a way to estimate what a fair settlement offer would be in a personal injury case. It adds up your economic damages and then uses a multiplier between 1 and 5 to estimate your noneconomic damages. The result can drive settlement negotiations in your case. Economic versus noneconomic damages …
Ten common injuries from falling down stairs are: broken legs or ankles, arm injuries, broken or fractured hands, traumatic brain injuries (TBIs), spinal injuries, broken ribs, nerve damage, soft tissue injuries, including whiplash, knee injuries, and cuts and bruises. Victims can often recover compensation in a personal injury claim based on premises liability. 1. Broken …
In California, a “motion to stay sentence pending appeal” asks the trial court to delay the sentence while the defendant appeals their criminal case. If the judge grants the motion, the imposition of the sentence will be temporarily paused until the appellate court rules on the appeal. What it would do If successful, a motion …
In some cases yes, it can be a good idea to waive your right to a jury trial. If you choose to do so, the judge would hear the evidence and issue the verdict at your trial, rather than a jury. This is known as a bench trial. Discussing this option with your defense lawyer …
Yes, misdemeanor cases can go to trial. The vast majority of them, however, are resolved without a trial, mainly through plea bargains or dropped charges. Some studies have found that over 90 percent of all criminal cases are resolved without a trial. This percentage is likely even higher for misdemeanors. Most criminal cases end without …
Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Especially important is your salary prior to termination. This drives many of the legal damages that …
Even though California is an at-will employment state, there are scenarios where it is unlawful for employers to terminate you. Nine common examples of wrongful termination in California are when you get fired for: a discriminatory reason, blowing the whistle on misconduct, filing a workers’ compensation claim, enduring a hostile work environment, demanding unpaid wages …
To prove a case of wrongful termination, you generally have to show that your former employer’s stated reason for the discharge was false, and that your termination was for an illegal reason such as: unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. Keep reading for more information, and also listen …
You may convince the prosecutor to drop the criminal charges against you by: presenting exculpatory evidence, presenting evidence that supports a strong affirmative defense, completing a pretrial diversion program, testifying against another defendant, and/or pleading guilty to a lesser offense. 1. Exculpatory evidence One way to convince a prosecutor to drop the criminal charges against …
In Nevada, you can get into trouble for not reporting a crime depending on: the alleged illegal activity and your job. For instance, “mandatory reporters” are professionals who must report certain offenses while others do not. Below I explain the difference between mandatory reporters and regular citizens and when each is lawfully obligated to call …
Aiding and abetting is helping someone commit a crime in Colorado. It carries the same penalties as actually committing the crime. In contrast, being an accessory to a crime is assisting people who already committed a crime, such as hiding them from the police. Being an accessory carries less harsh penalties than actually committing the …
In criminal law, the discovery process is when the parties gather and share evidence about the case. It lasts from the time that law enforcement starts their investigation until just before trial. As the prosecutor and your defense attorney uncover evidence, they may have to disclose some of it to the other side. This prevents surprises …
You can prove discrimination in the workplace by providing evidence that it is taking place. This can include testimony from coworkers, discriminatory emails from supervisors, problematic employment practices, or almost anything else. As long as something shows, or even suggests, that your workplace is discriminatory, it can be used to prove a workplace discrimination claim. …
It is a common misconception that the police need a warrant to arrest you. In Nevada, like in every state, there are situations where officers can arrest you without getting a warrant first – the most common being when the police witness you firsthand committing a crime. Keep reading for a detailed overview of Nevada …
Less than 1 in 20 slip and fall cases go to trial. Most end in an out-of-court settlement. Cases that go to trial often involve parties that were unwilling to settle. Your case may go to trial if you were seriously hurt and the insurer does not want to pay a high amount, or if …
A common formula for estimating how much compensation you deserve after a car accident is to: add your economic damages, choose a multiplier between 1 and 5, based on how much the accident affected your life, multiply your economic damages by this number to estimate your noneconomic damages, and add your economic and noneconomic damages …
If your Nevada felony charge gets dismissed, you can petition for a criminal record seal immediately. Though if you get convicted of a felony, then there is a two-to-ten-year wait time before you can pursue a seal. Some serious felony convictions can never be sealed at all. Scroll down to learn everything you need to …
In Nevada, alcohol vendors (“dram shops”) are not civilly liable for any injuries or damages if a customer they served gets into an intoxication-induced accident, such as a DUI. It does not matter if the customer was under 21 or whether the merchant was a bar, restaurant, package store, or casino.1 Nevada laws are stricter …
Colorado courts charge no fee to seal a case that resulted in a dismissal or acquittal. The fee to seal a conviction varies by court, though it is typically $65. Sealing an arrest record that resulted in no charges costs $224. In addition, you will end up spending up to $20 on retrieving your criminal …
A medical lien is a way to pay for healthcare from your personal injury settlement or verdict, rather than paying for it up front. Some healthcare providers agree to get paid in a lien for their services, while others may not. If you pay for medical services on a lien, complications can arise later on …
