There is not a distinction between salaried (exempt) and hourly (non-exempt) workers when it comes to the law of holiday pay. Both types of employees are only entitled to PTO (or premium holiday pay) if their employer offers it as a matter of company policy. There are no state or federal laws that mandate holiday …
Workers may be entitled to receive compensation for any unused vacation time after they quit. In some states, workers forfeit their unused paid time off (PTO) when they separate from the company. In other states, including California, employers must pay out any unused vacation time immediately upon termination. Many companies, however, maintain a policy of …
In California, the term “working off the clock” refers to non-exempt employees who perform (unpaid) work after clocking out, before clocking in, or during unpaid rest and meal breaks. Working off the clock violates both California law and the federal Fair Labor Standards Act (FLSA). Employers who require or permit you to work off the …
Part-time employees in California may get vacation time. While there are no California state laws or federal laws that require it, many employers provide vacation time for their part-time employees. Sometimes, it is even paid time off (PTO). When employers do provide vacation time, the details about how vacation time accrues, how it can be …
A right to sue letter by the Equal Employment Opportunity Commission (EEOC) gives you permission to file your employment discrimination lawsuit in federal court. Receiving one means that you have exhausted your administrative remedies for the discrimination, which is often a prerequisite for bringing a discrimination a private lawsuit. It is as if the EEOC …
In California, the Order, Decision or Award (ODA) of the Labor Commissioner is the ruling of the hearing officer in a wage claim, often for wage theft. ODAs are issued after the wage claim hearing. The decision indicates who won the hearing and the award indicates how much the employer must pay to the worker. …
Proof beyond a reasonable doubt is the legal standard that a prosecutor must meet to secure a guilty verdict in a criminal trial. In other words, a defendant is presumed innocent unless and until his or her guilt is proven beyond a reasonable doubt. But what does that really mean? California Jury Instruct (CALCRIM) 220 …
Tasers are not considered firearms in Nevada. Therefore, Nevada gun laws for open carry and concealed carry do not apply to tasers. However, NRS 202.357 spells out various rules limiting taser possession and use. So if you are considering carrying a taser – which many people do because of rising crime rates – here are …
Yes, renters insurance will generally cover dog bites. However, you should still review the precise terms of your policy. Some renters insurance policies have important limitations on what they cover. There will also typically be a policy limit. This is the maximum amount of money the insurance company will pay after a dog bite. Review …
Hit and run of a parked or unoccupied vehicle in Colorado is a class 2 traffic misdemeanor. Under CRS 42-4-1701 (3)(a)(II)(A), the penalties include 10 to 90 days in jail and/or fines of $150 to $300. 1. What is hit and run in Colorado? Like it sounds, hit and run is leaving the scene of the …
Mitigating damages is a legal duty you may have to uphold. Typically, you have a right to be compensated for your losses if someone else caused them. However, you must take reasonable steps to minimize those losses. This duty arises most often in personal injury and contract cases. Defendants do not have to compensate you …
If you have been falsely accused of domestic violence, there are things that you can do to mitigate the damage and clear your name. Several legal defenses are available that can undermine the accusations and show that you are innocent. Additionally, there are several things to avoid doing, as they typically make matters worse. What …
In 49 U.S. states, there is no legal requirement that private companies have to provide part-time workers with holiday pay. Only Rhode Island requires it. However, companies can choose to provide it. Many do so in order to attract better talent and improve workplace morale. Among public employees, only certain federal part-time employees are legally …
The amount of time that insurance companies have to investigate a claim depends on the state. It is generally anywhere from a couple of weeks to over a month. The length of a particular investigation will depend on several factors, like the claim’s complexity and the amount at issue. Insurance companies can also request more …
Different states use the terms “sexual assault” and “sexual abuse” in different ways. Both are typically crimes, though. Sexual abuse is often a sex offense committed on a child, while victims of sexual assault are typically adults. They can also both be the basis for a civil lawsuit against the perpetrator or anyone else responsible. …
In Colorado, animal cruelty is prosecuted as “aggravated” when you either knowingly torture an animal, or needlessly mutilate or kill an animal. Forgetting to feed an animal for one day – or kicking an animal out of aggravation once – would qualify as regular animal cruelty, not aggravated.1 Examples of aggravated animal cruelty Scenarios that …
Getting criminal charges dropped before trial is one of the best outcomes you can achieve. There are numerous grounds for getting charges dropped, though persuading the prosecutor to drop the charge is rarely easy. If you are successful, you will not have to go to trial. However, dropped charges can be refiled later if new …
If you miss your court date, the judge will likely issue a bench warrant for your arrest. Prosecutors may also file criminal charges for failure to appear (FTA). Your driver’s license may even get suspended. When police execute the bench warrant, you will be brought to court. This applies to missed court dates in both …
Negligence is the failure to act like a reasonable person in similar circumstances. Gross negligence is more extreme. You act with gross negligence if your conduct shows a reckless disregard for the safety of others. While the results of your grossly negligent behavior might not have been intentional, they are still more culpable than if …
Playlist: The California Crime of "Corporal Injury to a Spouse" (Domestic Violence)Watch this playlist on YouTube The term corporal injury to spouse refers to a criminal charge for willfully inflicting a physical injury upon one’s husband or wife. Most states apply the law not just to spouses, but also to intimate partners (which can include co-parents, …
California Labor Code § 221 says that employers may not take back any wages already paid to an employee. These deductions are illegal, and employers who violate this section face civil and criminal penalties. However, there are limited exceptions to Labor Code 221 that let employers deduct costs like health insurance. The language of the …
As a general rule, arrest warrants do not expire. Rather, they stay active indefinitely until the person named by the warrant is arrested or the warrant is “recalled and quashed.” That said, arrest warrants that do not get executed for years may result in your case being dismissed under the criminal statute of limitations or …
A conviction for drug possession can carry some prison time. Each state law is different, though the sentence is generally for less than a year. Major factors in how much prison time you could get include the type and quantity of the controlled substance, as well as your prior criminal record and what jurisdiction you …
1. First-degree arson under NRS 205.010 Nevada law defines first-degree arson as willfully or maliciously setting fire to: real estate, buildings, houses, or mobile homes; or personal property (such as a motor vehicle) that is occupied by at least one person It makes no difference whether you own the property. One example of 1st-degree arson …
In California, workers’ compensation benefits are generally not taxable. However, there is an exception. Your benefits may be taxed if you also receive benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and your earnings are too high. If these are offset by your workers’ comp benefits, then your workers’ compensation would …
