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Employee Disability Discrimination in California
Are you wondering if you have been a victim of employee disability discrimination in California? According to California Fair Employment and Housing Act (FEHA), it is unlawful for the employer to discriminate against any person based on mental or physical disability. Americans with Disabilities Act (ADA) protects qualified employees and applicants from employment discrimination based on disability.Elements of Workplace Disability Discrimination
According to CACI 2540 to establish the claim of employment discrimination based on disability the plaintiff must be able to establish the following elements:- The defendant was the employer of the plaintiff or the plaintiff applied to the defendant for a job
- Defendant knew that the plaintiff had a physical disability
- Plaintiff was able to perform the essential job duties with reasonable accommodation for his physical condition
- Defendant discharged or refused to hire the plaintiff or subjected the plaintiff to an adverse employment action or the plaintiff was constructively discharged
- Plaintiff's physical condition was a substantial motivating reason for the defendant's decision to discharge or refuse to hire the plaintiff
- Defendant's conduct caused harm to the plaintiff
Examples of Employment Disability Discrimination
Examples of employment disability discrimination include:- Refusing to employ or hire a person with disabilities
- Refusing to select a person with disabilities for a training program
- Bearing, firing, or discharging a person with disabilities
- Reducing payment
- Denying employee benefits
- Denying promotion opportunities
- Demoting
- Denying job reinstatement
- Assigning different duties to a person with disabilities
- Any other discrimination in any way
Reasonable Accommodation for People With Disabilities
A reasonable accommodation is any change to the application or hiring process, that way perform the main functions or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.Examples of Reasonable Accommodation:
- Changing a work schedule, such as allowing a part-time work
- Allowing an employee with disabilities to work from home
- Modifying or adjusting training materials, exams and policies
- Providing interpreters or readers
- Providing modified devices, equipment, or furniture
Filing an Employee Disability Discrimination Claim With the California Department of Fair Employment and Housing or U.S. Equal Employment Opportunity Commission
Depending on the type of the case and the jurisdiction and type of discrimination case, a person can file with either the EEOC or DFEH. Claims must be filled in accordance with the statute of limitations. The employer can file the claim as soon as he became aware of the discriminatory conduct. After the agency receives a complaint from the employer, an investigation takes place. During this investigation, the agency will obtain relevant evidence of the employer's unlawful conduct and in case it determines that workplace discrimination occurred. The agency can undertake one of the following steps:- Arrange a settlement meeting between the employee and the employee;
- Mediate a suitable settlement to end the claim and compensate the injured employee;
- If settlement negotiations fail or the investigation; or
- If it's determined that the agency will not pursue the matter, a "right to sue" notice will be issued. The employee can still pursue a lawsuit if he decides to do so.
Los Angeles Disability Discrimination Attorney
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Dog Bites and Premises Liability in California
In California, people who own dogs can be held strictly liable for the harm from a dog bite, no matter how carefully they restrain or guard their dogs. California Civil Code Section 3342 is the dog bite statute, which outlines when dog owners can be held responsible for injuries caused by their dog.Elements the Plaintiff Must Prove to Establish a Dog Bite Claim
According to CACI 463, in case the plaintiff claims that the defendant's dog bit him and that the defendant is responsible for the harm, he must be able to prove all of the following elements to establish the claim:- The defendant owned a dog;
- The dog bit the plaintiff while he was in a public place or lawfully on private property;
- Plaintiff was harmed; and
- Defendant's dog was a substantial factor in causing harm to the plaintiff
Strict Liability in California
Under strict liability, an individual is liable for his conduct, even if he was not acting negligently. Generally, to prove the claim the victims are required to show that the defendant's conduct was negligent. However, under strict liability, the victims do not have to prove the defendant's negligence. Factors the court considers regarding dog bite include:- Whether or not the owner undertook all possible actions to prevent the accident;
- Whether or not the dog had previously bitten anyone; and
- Whether or not the owner had any reason to believe that the dog could act aggressively toward people
Premises Liability in California
When a person enters the property of another one he has a reasonable expectation that he won't be injured or hurt. A property owner of the property or the occupier owes a due of care to third parties. Thus, it is the owner's obligation to maintain a safe environment for all individuals entering his premises. This includes keeping potentially dangerous animals away from people or put up warning signs.Exceptions to California Dog Bite Statute
Some exceptions to California Civil Code Section 3342 include:- The dog was a law enforcement animal and was carrying out police and military work.
- The victim was a trespasser and was unlawfully on another person's private property. To be lawfully on the private property of the owner" means that the person was performing any duty required by law or was on the property at the invitation of the owner.
- The victim was partially at fault for his injuries. He can be partially at fault for a dog bite in case he annoyed, harassed, provoked, or hurt the dog that bit him.
- The victim could assume the risk of being bitten. Veterinarians and kennel workers who have assumed the risk of a dog bite are not eligible to recover compensation under California Civil Code Section 3342. However, they can still claim that the dog owner must be liable because of his negligence; they just cannot rely on strict liability.
Statute of Limitations for Dog Bites in California
In California, the statute of limitations for a dog bite is two years from the time of the incident.Are You a Victim of a Dog Bite in California?
Are you a victim of a dog bite in California? Our experienced dog bite lawyers at KAASS Law may be able to provide you with the legal assistance that you need. We invite you to contact our office at {meta.phoneFormatted} for a consultation. - Read More
Workplace Retaliation in California
Workplace retaliation in California takes place when an employer punishes an employee for engaging in legal activity protected under state and federal law. Workplace retaliation can include any of the following actions:- Demotion
- Discipline
- Firing
- Salary reduction
- Reducing work hours
- Decreasing hourly wage
When is Retaliation in California is Considered Illegal?
In California, workplace retaliation is considered illegal when the employer punishes his employees for the following actions:- Reporting illegal conduct
- Refusing to engage in illegal conduct
- Filing a wage claim with the California Labor Commissioner
- Filing discrimination lawsuits
- Reporting of workplace harassment
- Reporting of workplace discrimination
- Requesting a reasonable accomidation due to a disability
- Assisting other employees in filing a complaint or lawsuit of unlawful activity in the workplace.
Filing a Claim with Department of Fair Employment and Housing ("DFEH")
The employee, who engaged in protected activity and was demoted or terminated as a result can file a claim with DFEH under the Fair Employment and Housing Act("FEHA"). In order to preseve your right, the employee must file a claim with DFEH within 1 year from the time of the retalation. The department will investigate the claim and if there is enough evidence, proceeds with the claim. If not, the claim will be closed. Then the employee will be able to file a lawsuit against his employer. By filing a lawsuit, an employee can recover compensation for:- Attorney fees and costs
- Back pay and front pay
- Lost benefits and mental anguish.
The Legal Standard for a Retaliation Claim in California
According to California Labor Code Section 1102.5, an employee can sue his employer for retaliation in case:- An employee engaged in protected activity
- Employer subjected the employee to an adverse employment action,
- The two are related.
- He has engaged in a "protected activity"
- He suffered a tangible adverse employment action, such as termination or demotion
- The main reason for being terminated or demoted was that protected activity.
Differences Between Whistleblowing and Retaliation Claims
Very often retaliation and whistleblowing claims are discussed interchangeably however, they are not identical. Whistleblowing typically involves complaints or claims which focus on activities prohibited by law and activities that compromise public safety. A retaliation claim is more connected with individual employee rights, such as the right to speak up against harassment, the right to be paid overtime, etc.Types of Retaliation Claims in California
Under California law there are the following types of retaliation claims:- Discrimination claim retaliation
- Union and concerted activity retaliation
- Public employees and First Amendment rights retaliation
- Wage and hour retaliation
- Political activity retaliation
- Workers' comp retaliation
California Employee Retaliation Attorney
If you believe that you have been retaliated against your employer we invite you to contact our Los Angeles employment law attorney California Employee Retlation attorney today at {meta.phoneFormatted}. - Read More
Employee Pregnancy Discrimination in California
Employment pregnancy discrimination occurs when an employee or job applicant receives less favorable treatment because due to her pregnancy or on the basis that she may someday become pregnant.Examples of Employment Pregnancy Discrimination
Examples of employment pregnancy discrimination include:- demotion;
- termination;
- failure to promote;
- failing to provide a reasonable accommodation;
- failing to provide leave for pregnancy-related medical conditions;
- refusing to hire;
- refusal in education and training; and or
- refusing bonus and benefit opportunities
What Must the Employee Establish to Prove Pregnancy Discrimination?
An employee or job applicant will have to prove the following elements to establish that the employer engaged in unlawful discrimination:- The employer is an entity covered by applicable pregnancy discrimination laws;
- Employer undertook a negative employment action against the employee;
- Employee's or job applicant's pregnancy, ability to become pregnant, pregnancy-related disability was the main reason for the employer's action; and
- Employer's negative employment action caused harm to the employee
Laws Protecting Pregnancy-Related Leave in California
The five main laws which provide leave rights to pregnant employees and new mothers:- The federal Family and Medical Leave Act
- The California Fair Employment and Housing Act
- California's Pregnancy Disability Leave Law
- The California Family Rights Act
- The New Parent Leave Act
California's Employment Pregnancy Leave
In addition to requiring 4 months of pregnancy leave employers are also required to:- Extend the pregnancy leave beyond 4 months using accrued sick leave and vacation time;
- Hold the employee's job for at least 4 months (in addition to the twelve weeks required by the California Family Rights Act); and
- Continue to pay the employer premiums for health insurance that were paid before the pregnancy leave
Los Angeles Pregnancy Discrimination Attorney
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Age Discrimination Claim in California
Age discrimination happens when the job applicant or an employee receives less favorable treatment because of his age. California two main sets of law: the federal Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA) protect the employees against age discrimination.Examples of Age-Based Discrimination
It is against public policy to discriminate against employees over the age of 40 based on their age. This includes treating employees differently due to age, with respect to the employees:- compensation
- work conditions
- job assignments
- terms of employment
- Refusing to hire older employees, despite being equal or more qualified than others
- Refusing to promote the employee because of his age
- Firing the employee, after he reaches a certain age
- Age-related harassment at the workplace
Mandatory Retirement
California's Fair Employment and Housing Act prohibit retirement plans with a mandatory age of retirement, but there are some exceptions, which allow for mandatory retirement.- Bona Fide Executives and High Policymakers. Private employers are allowed to impose mandatory retirement for bona fide executives or high policymaking employees. But, these employees must be at least 65 years old and be entitled to yearly retirement benefits of at least $27,000
- Physicians at the age of 70 or older, working in a professional medical corporation that provides for compulsory retirement.
- Tenured faculty members
Filling an Age Discrimination Claim
If an employee wishes to file suit against his employer he must first file a written complaint with a DFEH. If the employee seeks to bring a claim under federal law, he can file the complaint with either the DFEH or the U.S. Equal Employment Opportunity Commission (EEOC). In case, after filing a complaint with the appropriate administrative agency, the claim is not resolved, the employee is issued a right-to-sue notice. After that, the employee may pursue his case by bringing a lawsuit in court.Elements the Plaintiff Must Prove in Employment Age Discrimination Cases
According to CACI 2570, in case the plaintiff claims that the defendant wrongfully discriminated against him because of his age, he must prove the following elements to establish this claim:- The defendant was an employer or other covered entity;
- Plaintiff was an employee of the defendant or applied to the defendant for a job;
- Defendant discharged or refused to hire the plaintiff, subjected the plaintiff to an adverse employment action or the plaintiff was constructively discharged;
- the plaintiff was at the age of 40 or older at the time of the discharge;
- plaintiff's age was a substantial motivating reason for the defendant's decision to discharge or refuse to hire him;
- the plaintiff was harmed; and
- Defendant's conduct was a substantial factor in causing harm to the plaintiff
Statute of Limitations for an Age Discrimination Claim in California
- The employee must file a complaint with the DFEH no later than one year starting from the date of the discriminatory act.
- An employee has one year to file a lawsuit in civil court after being issued a right-to-sue letter.
- An employee 300 days after the discriminatory act to bring a claim under federal law.
- In case EEOC or DFEH issues a right-to-sue letter, the employee has 90 days to bring a lawsuit against the employer in court based on federal claims.
Age Discrimination Attorney
If you believe you have suffered age discrimination by your employer, we invite you to contact our employment lawyer at KAASS Law to ensure that your rights are protected. We can provide you with a consultation and case review. Get in touch now by calling us at {meta.phoneFormatted} or by using the form below. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law. - Read More
Consumers Legal Remedies Act (CLRA)
What is the Consumers Legal Remedies Act?
California Civil Code Section 1750, the California Consumer Legal Remedies Act declares several methods of competition and deceptive or unfair acts and practices undertaken by any person in a transaction intended to result or which results in the lease or sale of goods or services to any consumer. Unfair business practices covered under the California Consumer Legal Remedies Act include inserting fine print within rebate policies and selling used products under the label of "new".Elements of Unfair Competition
According to CACI 4700 to establish this claim the plaintiff must be able to prove all of the following:- Plaintiff acquired, or sought to acquire, by purchase or lease a product or service for personal, family, or household purposes
- Defendant undertook one of the prohibited actions mentioned in the California Civil Code Section 1770(a), e.g., represented the product or service had characteristics, uses, or benefits that it did not have.
- Plaintiff was harmed
- Plaintiff's harm resulted from the defendant's conduct.
List of Prohibited Actions Under California Civil Code Section 1770(A)
California Consumer Legal Remedies Act covers a broad range of unfair business practices, with twenty-four specific unscrupulous acts mentioned within the consumer protection law. Here are the most common business practices covered under CLRA statutes:- Advertising services or products with the aim of not selling them as advertised
- Advertising furniture without including the term "unassembled" if that is the case.
- Declaring the need for part replacement or repair service when neither service is needed
- Using deceptive advertising practices or representations which make false geographic claims
- Using the term "original" or "new" when the product was reconditioned, altered, or sold secondhand
- Making misleading or false claims against the products made by someone else
- Inserting untrue provisions within a contract
Remedies for Violating Consumers Legal Remedies Act Provisions
CLRA doesn't generally permit plaintiffs to receive monetary awards, but instead, gives them a legal right to seek punitive damages, as well as the restitution of services and property. Defendants can't recover attorney fees and in usually they pay the fees charged by plaintiff attorneys. According to California Civil Code Section 1780(a), consumers injured by unfair or deceptive or practices can be entitled to recover:- Actual damages
- Restitution of property
- Punitive damages
- An order enjoining such acts, methods or practices,
- Any other relief which the court considers appropriate
- Can prove that he didn't intentionally and willfully violate the CLRA provisions
- Makes an appropriate correction, replacement, repair other remedies of the services and goods.
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Financial Elder Abuse and Senior Fraud in California
What Is Financial Elder Abuse or Senior Fraud in California?
Financial elder abuse or senior fraud can take different forms and can be committed by caregivers, family members, strangers, or any other people known to the elder. Financial abuse may have the same impact as physical abuse.Elements of Elder Financial Abuse
According to CACI 3100, in case the plaintiff claims that the defendant violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of him, he must prove the following elements to establish this claim:- Defendant took, hid, appropriated, obtained, or retained the plaintiff's property; or
- assisted in taking, hiding, appropriating, obtaining, or retaining the plaintiff's property;
- Plaintiff was sixty-five years of age or older at the time of the conduct;
- Defendant took, hid, appropriated, obtained, or retained/assisted in taking, hiding, appropriating, obtaining, or retaining the property for wrongful use or with the intent to defraud or by undue influence;
- Plaintiff was harmed; and
- Defendant's conduct was a substantial factor in causing harm to the plaintiff
- A trustee;
- A conservator;
- Another representative of the estate of an elder; or
- An attorney-in-fact of an elder who acts within the authority of the power of attorney
What is Undue Influence?
According to California Civil Code Section 1575, undue influence is a misuse of a person's power and role to exploit the dependency, trust, or fear of another person in order to misleadingly gain control over that person's decision-making and obtaining an unfair advantage over him/her.Examples of Elder's Financial Abuse
Common examples of elder's financial abuse include:- Taking personal property or money from the elder
- Repeatedly borrowing money and not returning it
- Denying medical care or services or conserving funds
- Using neglect of abuse to convince the elder to give up his assets
- Convincing to invest in worthless property or companies
- Selling the elder's goods without his consent permission
Statute of Limitations for Elder Financial Abuse
According to California Welfare and Institutions Code Section 15657.7 for financial elder abuse claims, the statute of limitations is four years. The statute of limitation beings to run from the time the plaintiff discovers the facts, constituting financial abuse, or when the abuse should have been discovered with reasonable diligence.Remedies for Elder Financial Abuse
Civil remedies for elder financial abuse include:- Compensatory damages;
- Punitive damages for fraud, breach of fiduciary duty;
- Restitution;
- Reasonable attorney fees and costs; and/or
- Equitable remedies
Glendale Elder Financial Abuse Attorney
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Electric Scooter Laws in California
Electric Scooter Laws in California
Who Can Legally Ride a Scooter in California?
- In California, only licensed drivers have the right to use electric scooters.
Where Can Electric Scooters Be Legally Operated in California?
- Electric scooters can be legally operated on non-highway roads that have a speed limit of no more than 25 mph unless in a county or town that has passed a specific ordinance which can allow scooters to be operated on roads with speed limits of up to 35 mph.
- Electric scooters can be legally operated on Class II and Class IV paths that are meant for bicycles.
- Electric scooters are not allowed to be operated on sidewalks unless they are leaving or entering an "adjacent property."
What is the Maximum Legal Speed for Riding an Electric Scooter in California?
- The maximum legal speed for riding an electric scooter is 15 mph regardless of where it is being used in public.
Electric Scooter Helmet Law in California
- Anyone under the age of 18 must wear a helmet while riding an electric scooter in California.
- Individuals that are 18 years of age or older are not required to wear a helmet while riding an electric scooter in California.
Legally Parking an Electric Scooter in California
- In California, electric scooters must be parked on the edge of the curb, near bike parking racks, or near bus stops.
Is Insurance Needed for Operating an Electric Scooter in California?
California law doesn't directly require a person who wants to use an electronic scooter to purchase insurance. Though, since in California, all electric scooter operators must have a valid driver's license, and drivers' licenses require auto insurance, then an e-scooter user will likely have an auto insurance policy. It is worth mentioning that California does not require registration, plate display, or insurance for privately owned electric scooters.Electric Scooter Rider Liability
In case an electric scooter operator unlawfully crosses an intersection or mounts and causes injures to a cyclist, pedestrian, or anyone else, the scooter operator can face liability for the incident and inappropriate use of an electric scooter.Electric Scooter Accidents and Product Liability
An injured electronic scooter rider can be eligible for damage recovery in case he can establish that someone else's negligence caused or contributed to the accident. This burden of proof takes establishing:- The defendant's duty of care
- Breach of duty
- Causation for the accident
- Damages
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California False Claims Act (CFCA)
What Is the California False Claims Act (CFCA)?
The California False Claims Act (CFCA) is a law which provides civil penalties for business entities or individuals who commit certain forms of theft, embezzlement or fraud with respect to state or local government funds. CFCA allows a public entity to recover damages from any entity or person that knowingly presents a false claim for any payment or approval.
Elements of Presenting a False Claim
According to CACI 4800, the plaintiff must be able to prove all the following elements to establish the claim:
- Defendant knowingly presented or caused to be presented a fraudulent or false claim to the public entity for payment or approval
- Defendant's false or fraudulent claim was material to the public entity's decision to pay out money to the defendant.
Violation of the California False Claims Act
Here is the list of some actions which constitute a violation CFCA
- Presenting a false claim for payment
- Using or making false or fraudulent statements regarding the false claim
- Conspiring to violate the California False Claims Act
- Delivering less than bargained for to the government
- Providing or making false receipts
- Making fraudulent purchases
- Misrepresenting to decrease an obligation to pay the government
What Is Considered to Be a Claim?
For purposes of CFCA, a "claim" means a request for money, services, or property that will be provided directly or indirectly by the California state government or a local government.
Knowingly Presenting a False or Fraudulent Claim
With respect to information about the claim, "knowingly" means that:
- Defendant had actual knowledge that the information in the claim was false
- Defendant acted in deliberate ignorance of the falsity or truth of the information
- Defendant acted in reckless disregard of the falsity or truth of the information
To establish the claim the plaintiff doesn't have to prove the specific intent to defraud.
"Material" means that the claim had a tendency to influence, or was capable of influencing, the payment or receipt of money, services, property on the claim.
Inadvertent False Claims
The CFCA imposes an additional legal responsibility for reporting false claims if a person has inadvertently received a benefit from a false claim, such as an accidental overpayment that goes unreported.
Whistleblower Incentives
The California False Claims Act provides lucrative monetary incentives. In case the government doesn't intervene in the claim, the plaintiff is statutorily entitled to 25-50% of the total damages, including attorney's fees. If the government does intervene, the plaintiff will be entitled to at least 15-33% of the recovery.
Damages That Can Be Recovered According to the CFCA
In case the defendant is found guilty in violation of the California False Claims Act he will be required to pay:
- The triple amount of the loss that his actions caused to the government
- The total cost of the litigation to enforce the CFCA
- A civil penalty of between $5,000 $11,000 for each violation.
Under certain circumstances, such as self-reporting within 30 days or full cooperation, the penalties may be reduced.
Statute of Limitations for CFCA Claims
In California an action under the CFCA must be brought before the later of the following dates:
- 6 years after the CFCA violation happened
- 3 years after the plaintiff knew or reasonably should have known about the violation, or 10 years after it occurred
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Required and Prohibited Motorcycle Features in California
In California, motorcycle riders must follow the same rules as drivers of passenger vehicles. As a motorcyclist must follow traffic laws and state roadway rules. A rider is required to signal his intent to turn, follow traffic signs, and keep a required distance from other vehicles. Causing an accident or breaking a roadway rule can result in liability for damages.
But there are also specific rules which apply only to motorcyclists.
Obtaining a Motorcycle License in California
Before applying for a motorcycle license, California requires all riders must obtain a learner's permit in California.
Learner's permit applicants must pass:
- a vision exam
- skills test
- knowledge test which covers information found in the California Motorcycle Handbook.
Applicants under the age of 21 are also required to pass a California Motorcyclist Safety Program training course. Learner's permit is valid for a year after the date of issuance.
Insurance Requirements
In California, all motorcyclists are obliged to have a minimum amount of liability insurance, including:
- $5,000 for property damage
- $15,000 for bodily injury to one person
- $30,000 for bodily injuries to more than one person
If the motorcyclist, involved in an accident doesn't have any insurance, he can face a one-year driver's license suspension.
Safety Equipment
- According to California Vehicle Code Section 27803, all motorcyclists are required to wear helmets.
- According to California Vehicle Code Section 26709, all riders must be equipped with right and left mirrors.
- According to California Vehicle Code Section 27801, handlebars can't be fitted in a position that puts the rider's hands more than 6 inches above his shoulder height. while the motorcycle is in motion.
Cannabis Use
Riding under the influence of cannabis in the state of California can result in a DUI charge and related penalties and fees, including suspension of motorcycle rider's license and driving privileges. In case the motorcyclist caused an accident while under the influence of cannabis, he can be financially liable for injuries and other damages.
Lane Splitting Laws
Lane splitting is when a motorcycle rider drives between two lanes of traffic to get around other vehicles. In state of California it is legal to practice lane splitting on the state's roadways.
Here are regulations related to lane splitting:
- According to California Vehicle Code Section 22517 riders are not allowed to open or leave open vehicle doors unless it is reasonably safe to do so.
- According to California Vehicle Code Section, 22400 riders are not allowed to drive at a speed which blocks the normal traffic movement, unless it is necessary for safety.