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Is Your Employer Stealing from You? A Handy Guide to Spotting Wage Theft

By Shounak Dharap Wage theft is the illegal practice of not paying workers for all their work, and encompasses various forms of wage law violations. In California, tens of thousands of workers lose millions of dollars in wage theft by employers every year. This article is a reference guide to some of the most common areas of wage theft: minimum wage, overtime, tips, meal and rest breaks, reimbursements, and employee misclassification. Minimum Wage Minimum wage laws set the minimum hourly pay an employer must provide to an employee. As of January 1, 2023, the minimum wage in California is $15.50 ...

By |29/05/2024|

Case Against the Machine: When Rented Equipment Causes Personal Injury

By Juan Flores Regardless of what construction trade you work in, it is almost certain that you’ve been in a situation where you, a coworker, or an employee of a different company than your employer have utilized a piece of machinery that was rented from a commercial lessor of construction equipment. For example, you’re a painter or electrician and need a scissor lift to reach overhead work areas, or maybe you’re a laborer and you’re using a vibratory compaction tamper (or plate compactor) to level out the ground after filling an excavation. Construction companies regularly rent equipment from reputable commercial ...

By |22/05/2024|

Basics of Uninsured and Underinsured Motorist Coverage in California

By Robert Foss Note: This blog post is intended to offer a high-level view of Uninsured and Underinsured Motorist insurance, and how it might affect individuals injured by a negligent driver. The details are often technical and very situation-specific. If you have been injured in a motor vehicle collision and have any reason to believe that the at-fault party may not have insurance or has insufficient insurance, you should immediately contact a lawyer and your insurance provider. California Law requires that drivers maintain at least minimum levels of coverage for their automobiles, yet more than 16% of drivers on the ...

By |16/05/2024|

Holding Companies Accountable When They Allow a Breach of Your Personal Data

By Truong Pham Understanding Data Breach A data breach is the unauthorized access or disclosure of sensitive or confidential information by a third-party. This unauthorized access can occur through various means, including cyberattacks, inadequate data security practices, vulnerabilities in third-party systems and software, ransomware, malware, and phishing. Data breaches are motivated in part by financial gain. In some instances, hackers gain unauthorized access to vulnerable computer systems or networks to steal sensitive information, personal information, or financial information belonging to individuals whose data is stored within. Information stolen as a result of a data breach can be used for malicious ...

By |09/05/2024|

Justice Delayed, But Not Denied: The New Laws Empowering Survivors of Past Sexual Assault

By Shounak Dharap Despite a nationwide reckoning on gender violence and disparity in the wake of the Me Too movement, sexual assault remains deeply and distressingly pervasive. Over 40 percent of women—52.2 million—have reported experiencing some form of sexual violence. The number is likely much higher; because of the stigma associated with sexual abuse, it is estimated that fewer than 30 percent of survivors report the abuse. As a result, abusers and the institutions and organizations that protect them, are not held to account for the harm they have caused.  Lawsuits Were Barred By Statutes of Limitations Survivors who do ...

By |02/05/2024|

Your Workplace Injury: Winning Fair Compensation By Understanding Who Else Could Be Responsible

By Zachariah Hansen If you’ve ever been hurt while working, you probably know about workers’ compensation (WC), which is designed to help cover medical expenses and lost wages. But WC often fails to cover the financial and personal losses you experience after an injury at work. Sometimes, there could be someone else — a third party — who was negligent and also responsible for your injury. Identifying them can mean the difference between just getting by and truly being compensated for your lost wages, medical expenses, pain and suffering and loss of enjoyment of life. Understanding Responsibility When Injured at ...

By |25/04/2024|

Getting Back Your Right to Trial After Being Forced Into Arbitration

By Katie Rabago Many California employers require employees to execute arbitration agreements at the start of employment—these arbitration agreements waive an employee’s right to bring disputes with said employer in court. However, a California employer can potentially waive its right to compel arbitration of employment claims by failing to timely pay arbitration fees. Based on the general legal principle that a party to an arbitration agreement can waive its rights under that agreement through action or inaction, waiver can occur when a party’s conduct is inconsistent with their intent to arbitrate or results in prejudice to the other party. For ...

By |23/11/2023|

Holding Employers Accountable When They Consciously Disregard the Safety of Their Employees

by Adriana Valdez The California workers' compensation system is a program designed to provide benefits to employees who suffer work-related injuries or illnesses. In California, the workers’ compensation system is a no-fault system, meaning that employees can receive benefits regardless of who is at fault for the injury or illness. There are additional claims a worker can make to increase the benefits they receive as a result of a workplace injury. These include a civil “third party lawsuit” against someone or company other than your employer that caused your injury and a “serious and willful” claim against your employer. “Serious ...

By |11/11/2023|

Weed Slayer Litigation False Advertising

We are representing all consumers that purchased Weed Slayer as well as a sub-class of commercial growers who suffered harm to their sales or reputation because they can no longer sell their affected crops as organic. Class Action Lawsuit has filed a federal class action lawsuit in the Northern District of California on behalf of consumers who purchased the popular herbicide Weed Slayer, alleging that its manufacturer, Agro Research International, falsely represented that the herbicide was organic and contained only natural ingredients. The lawsuit contends that, in reality, Weed Slayer contains synthetic chemicals—glyphosate and diquat—that are prohibited by federal law for use ...

By |29/12/2021|

San Jose State University Sexual Abuse

We are representing several former student-athletes at San Jose State University (“SJSU”), alleging that they were the victims of sexual abuse, harassment, and discrimination by employees of California State University (“CSU”), including former SJSU athletic trainer Scott Shaw. Sexual Abuse Claims The claims allege that the CSU knew of a pattern of repeated sexual abuse by Shaw but was “deliberately indifferent to a substantial risk of sexual abuse to its students.” Instead of taking action against Shaw following an internal investigation in 2009-2010, the CSU promoted him to lead the department, during which time the claims allege his sexually abusive ...

By |29/12/2021|
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