Overtime for personal attendants? A person hired to care for an elderly person is not entitled to overtime if that person is hired as a personal attendant. Overtime is earned if a person works in excess of 8 hours a day or more than 40 hours a week. A personal attendant is define...
In court, witnesses can help support a persons claims. Without a witness the case will boil down to the he said she said type case. When you have a witness, your chances of proving a point can increase; however, that increase depends on your witness backing up what you say. Idea...
(written by Angelo F. Campano, owner/Campano Law Group, www.campanolaw.com)Is your name or business reputation important to you? Have you or your business been negatively criticized on line by someone? Been told there is nothing you can do to stop it from happening? Well, there m...
Who bears the loss when a settlement check is supposedly lost and cashed by forger? According to Court, the employer must pay another settlement check to former employee who claims original settlement check was stolen and cashed by thief. See Barrett Business Services, Inc. v. W...
In a recent case, the California Appellate Court ruled that an arbitation agreement between an employer and employee cannot be modified after the employer believes the employer may file a lawsuit, even if the arbitration agreement expressly allows the employer to modify the arb...
In a very closely watched employment case, California Supreme Court rules that employers no longer have to ensure that employees stop working for their lunch breaks. Employees are free to work through lunch. Per the Court, ..."The employer is not obligated to police meal breaks."
May a public school district be held liable when school supervisors allegedly negligently hire, retain or supervise a school guidance counselor who purportedly molests a student, when the school supervisors who hired the counselor knew or should have known that that the counselo...
Many people hired for work, in California, are being required to go to arbitration and not court in case there is almost any dispute or problem about work. Harassed at work? Then its off to arbitration. Discriminated against at work? Then its off to arbitration. Want your day in ...
Dont want the jury to see something negative about your case? Then, make a motion in limine. A Motion in limine is a motion made before trial to exclude evidence from trial on the ground that the evidence is either irrelevant or subject to discretionary exclusion as unduly prejud...