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California Employee Rest and Meal Break Rights
Meal Break for Non-Exempt Employees
Non-exempt employees in California must have a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day, according to wage and hour law. The meal break must be taken within the first five hours of the workday. Employees who work more than ten (10) hours a day have the right to a second 30-minute meal break.
Rest Breaks for Non-Exempt Employees
Non-exempt employees who work three and a half (3 1/2) hours or more in a day are required by California labor law to take rest breaks. Employees are entitled to ten (10) minutes of relaxation for every four (4) hours, or a significant fraction worked in a day. These breaks should be taken during each 4-hour period as much as practicable.
Employee Rest Breaks
Rest break must be ten minutes long and uninterrupted. During the break, an employee must be released of all obligations, and the employer must provide "appropriate resting facilities" in a location apart from the restrooms. Rest breaks, unlike meal breaks, are compensated. Employers are not permitted to ask employees to remain on-site or on-call during rest periods.
Am I Required to Take a Rest Break?
Rest periods may be skipped by employees. Employees cannot be pressured or encouraged to skip rest periods by their employers.
What is a Meal Break?
A meal break is an unpaid and uninterrupted period that an employee has to do what they wish during their 30 minutes provided break. Further, during the meal break the employer must:
- relieve the employee of all tasks;
- seize control of the employee's activities during the meal break period; and
- provide a reasonable opportunity for the employee to take a 30-minute uninterrupted food break
Employers are prohibited from the following:
- prohibit or prevent employees from eating;
- offer incentives for employees to skip meal breaks; or
- create a culture that encourages employees to skip breaks.
Employers must provide meal/lunch breaks but are not required to ensure that their employees take them.
Can you Give up Your Right to a Meal Break?
An employee who works a shift of six hours or less may give up their right to a meal break. Meal break waivers do not need to be in writing, but both parties must agree to them.
If the employee's shift is more than ten hours but not more than twelve, they can renounce their right to a second meal break as long as they take the first one - they cannot waive both breaks on the same day. Employees who work through a meal break do not have the right to depart early.
Can I Sue My Employer for Not Giving me a Meal and Rest Break?
Yes, and yes, you should. If your employer refuses to give you a meal or rest breaks, you are entitled to a penalty of one hour's earnings for each day you were denied any rest breaks, as well as a penalty of one hour's wages for each day you were denied any meal breaks (for a maximum penalty of up to 2 hours' wages per day). Due to a recent California Supreme Court decision, the filing date for meal and rest breaks violations is normally three years. Still, in some situations, a one-year filing deadline may apply.
California Employment Attorney
If you or someone you know believe that they have a claim against their employer for violating California's meal and rest break laws we invite you to contact our employment attorney today at {meta.phoneFormatted} for a consultation.
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HPA and Cancelling Private Mortgage Insurance
What is the Homeowners Protection Act?
The Homeowners Protection Act (HPA), also known as the PMI Cancellation Act, is a 1998 federal law that affords homeowners certain protections when canceling private mortgage insurance (PMI). It also creates other regulations related to the lending process.
The HPA only covers private loans and does not regulate government-backed loans, such as VA loans. For people who take private loans, many of them are required or opt to purchase PMI, only to find out that they no longer need it later on. The HPA provides regulation in the process of purchasing and canceling PMI so that homeowners can avoid paying these unnecessary costs.
What is Private Mortgage Insurance?
PMI is typically only required when a home buyer plans to pay less than the standard 20% upfront. This makes lending to those who cannot afford the high initial costs a lot less risky and more worthwhile to do.
Paying for PMI can come in many forms, including paying an extra monthly premium on the mortgage, paying a 1-time sum at the beginning of the mortgage, or raising interest rates on the loan. No matter how the buyer chooses to pay, all forms of PMI are subject to HPA regulation.
How Does the HPA Regulate Private Mortgage Insurance?
Before the passage of the HPA, many lenders would make their customers aware that PMI is not required for the entire duration of the loan, yet there were difficulties for homeowners when trying to cancel it, many of whom were ignorant to the fact that they could do so. The HPA made it so lenders must do the following regarding PMI:
- Tell homeowners when they are eligible to stop paying PMI premiums
- In some instances, automatically stop charging PMI premiums even if the homeowner has not canceled it
- Makes lenders only provide loans where homeowners stop paying PMI after a certain period of time
- Disclose when a loan requires PMI and any information on how to cancel it or what may prevent them from canceling it
Can I Cancel My Private Mortgage Insurance?
The HPA makes it so nearly all homeowners can cancel their PMI once the loan-to-value (LTV) reaches 80%, meaning that their equity must reach 20%. You can send a written request to your lender once you reach this number, and they are legally required to cancel your PMI barring other extenuating circumstances.
Once the LTV reaches 78% your lender is legally required to cancel your PMI automatically, even if you have not requested it. It is generally a good idea to keep track of the equity you have accrued and cancel PMI at 80%, not just because you are losing out on money, but because there are circumstances where the lender may be able to charge PMI past 78% LTV. For example, liens on your property may allow a lender to keep charging PMI.
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Counterfeiting a Prescription Blank in California
Is it a Crime to Have Prescription Blanks for a Controlled Substance?
Yes, under Health and Safety Code 11162.5, it is a crime to make or possess counterfeit prescription blanks for a controlled substance.What is Defined as a Controlled Substance for Purposes of Health and Safety Code 11162.5?
Controlled substance for purposes of Health and Safety Code 11162.5 is defined as those drugs or chemicals whose manufacture, possession, and use are regulated by the government under the United States "Controlled Substances Act."What is Defined as a Counterfeit for Purposes of Health and Safety Code 11162.5?
Under the code, counterfeit is defined as making an exact imitation of the prescription blank, pad, or form with the specific intent to use that prescription blank to defraud or deceive. These prescription blanks, pads, or forms are those that a physician or other medical practitioner who has the authority to prescribe medication typically uses when ordering or otherwise authorizing a prescription for a controlled substance.What Are the Penalties Associated with Violating Health and Safety Code 11162.5?
The penalties associated with violating this code can be prosecuted as either a misdemeanor or felony and is therefore considered a wobbler offense. Potential penalties for a misdemeanor Health and Safety Code 11162.5 conviction including up to one year in county jail as well as paying fines of up to $1,000. Potential penalties for a felony Health and Safety Code 11162.5 conviction include sixteen (16) months, two years, or three years in county jail.What Determines Whether Violating Health and Safety Code 11162.5 is Charged as a Misdemeanor or Felony?
The number of counterfeit prescription blanks is typically what determines whether the violation will be charged as a misdemeanor or felony. For example, if the individual has three or fewer counterfeit prescription blanks, the violation would likely be charged as a misdemeanor. On the other hand, should the individual possess more than three, the violation will likely be charged as a felony.Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with violation of Health and Safety Code 11162.5, please contact KAASS Law today at {meta.phoneFormatted} to speak to our criminal defense attorneys for a consultation. - Read More
Auto Insurance and How It Works
The number of uninsured drivers in the United States is believed to be around 32 million. This figure varies a lot depending on where you are in the country. This is sometimes determined by the cost of auto insurance. Other times, it's due to a lack of knowledge about which vehicle insurance company to choose.Factors of Car Insurance Pricing
A variety of factors go into determining the cost of car insurance. It's also not uncommon to receive different quotes from different businesses. These can include the following:- The type of car that is covered by an insurance policy
- How long has the policyholder been on the road?
- The policyholder's age.
- Driving record
What Does Comprehensive Insurance Cover?
One of the more confusing policies is comprehensive insurance. This sort of insurance appears to cover all parts of an accident, however, it doesn't. In actuality, it only protects a vehicle against harm caused by something other than another vehicle. This includes the following:- Vandalism
- Theft
- Hitting a living animal
- Weather-related harm
Are you Liable for the Accident?
You are liable if you are the cause of a car collision. In terms of money, this implies you'll have to pay for the victim's vehicle repairs and medical expenses. It is also known as minimum coverage and is the most basic type of affordable vehicle insurance. There are two types of liability insurance. Depending on the laws of your state, you may be required to obtain both. These two sections address the following topics:- Personal property damage
- Other parties involved suffer bodily harm/physical damage.
What is Collision Coverage
Collision coverage can be considered as an extension of comprehensive coverage. It covers your vehicle even if you are not driving at the time of the collision. If your friend is driving at the time of the accident, collision insurance would cover the damage. This motor insurance, unlike comprehensive, covers collisions with unmovable object. Collision coverage, on the other hand, does not cover any damage to other vehicles involved in the accident, nor does it cover medical expenses.What Auto Insurance Does Not Cover
Even if you have complete coverage, there are some things your policy won't cover. Wear and tear is an example of coverage that is often not covered. You will have to pay for it out of pocket if your car is experiencing general age-related difficulties or breakdowns. If you wish to add people aside from yourself to the policy, you'll have to do it separately. That implies your policy won't cover other passengers in your car or if you're driving someone else's car. Finally, if you work for a ridesharing firm as a contracted driver, you will not be insured. Uber and Lyft, for example, have extremely stringent insurance requirements. For this, you'll need specialized company insurance.Have More Questions About Auto Insurance?
It is always preferable to get legal assistance if you are in an accident or are involved in a car insurance claim. In the event of an automobile accident, insurance firms are instructed to decrease payments. This may result in you not receiving the compensation you deserve. Give KAASS Law a call at {meta.phoneFormatted}. - Read More
What are the California Labor Laws Regarding Lunch Breaks?
Employers in California are required by law to give lunch or meal breaks to employees who work a certain number of hours.What are the California Labor Laws Regarding Lunch Breaks?
Employees who work more than 5 hours a day are required by Labor Code 512 to take a 30-minute meal break. However, if the employee works over 5 hours per day but less than 6 hours and wishes not to take a meal break, the employer has the right to allow the employee to not take it. If an employee works more than 10 hours per day, a second meal break of at least 30 minutes must be provided. However, if the employee works less than 12 hours a day, he or she may waive their meal period, but only if they did not waive the first meal period.Is My Lunch Break Compensated or Uncompensated?
Your employer is not compelled to compensate you for your lunch break in most cases. If an employee works for 5 or more hours in a shift, the employer is required to provide a lunch break, but the business is not compelled to pay the employee for the break time. Employees may be given a paid lunch break by some companies, but it is not required by California labor regulations for non-exempt employees. If they are not compensated, many employees may not want to take a lunch break. Employees may opt to leave work early. Even though they are not compensated for the break, an employee cannot waive his or her lunch break if he or she is working 6 or more hours each day. If an employee works fewer than 6 hours a day, they can waive their dinner break. During his or her lunch break, an employee who is not relieved of all duties is still regarded "on duty." This comprises individuals who have been relieved of all responsibilities yet are required to remain on the job. A meal interval spent "on duty" is counted as hours worked and must be rewarded at the employee's regular rate of pay. Only when the nature of the job precludes the employee from being relieved of all obligations and by written agreement are "on duty" lunch breaks permitted.Is it Legal for my Boss to Make Me "On Call" Throughout my Lunch Break?
Employees may not be required to continue working during a break or to be "on call" during a meal or rest period. Depending on the job, an employee may be required to stay "on-site" or in the workplace during their lunch break. Employees must be compensated at their usual rate of pay during "on-duty" meal periods. An "on duty" lunch break is only permissible if the following conditions are met: The nature of the job prohibits the employee from being relieved of all responsibilities; and The employee agrees in writing to remain on site during meal periods, with the written agreement stating that the employee may renounce the agreement at any time in writing.Have More Questions About California Labor Laws and Lunch Breaks?
California labor laws are meant to protect employees from being exploited by their employers. Feel free to give KAASS Law a call to get the compensation you need for your employment matters. To reach our office line, dial {meta.phoneFormatted} to book a consultation. - Read More
Are Unpaid Workers Risking Financial Hardship?
Wage and hour violations are common, and often neither the employer nor the employee is aware that they are taking place. Wage and hour violations include unpaid wages, violations of California minimum wage laws, non-compensation or denial of regular meal and rest breaks, illegal wage deductions and payroll errors, late wage payment, denial of reimbursement for work-related expenses, failure to provide wage statements, failure to pay wages upon termination, and misclassification.Wages For Overtime and Unpaid Regular Work
Attorneys frequently submit claims for unpaid regular and overtime salaries on behalf of individuals and groups of individuals. Regular and overtime pay are governed by regulations at the local, state, and federal levels, but in general, California's municipal and state laws safeguard employee earnings more than federal rules. Workers have protections from state and municipal laws that require they be compensated at least the minimum wage for their time worked. In California, regular and overtime pay are governed by regulations at the local, state, and federal levels. In general, California's municipal and state laws safeguard employee earnings more than federal rules.Have You Been Provided Vacation Pay?
While uncommon, an employer may provide cumulative vacation pay to an employee yet fail to pay out any accrued but unused vacation pay after the individual leaves the company. While California does not force businesses to provide vacation or vacation pay, if an employer chooses to grant and enable employees to accrue vacation time, the employee is entitled to be paid out any unused vacation time when the employee leaves the company. Because vacation pay cases can be tricky, we usually recommend consulting an attorney to assist you in determining whether or not you have been paid your vacation money. This usually necessitates a study of the relevant wage statements, accrued hours, and other pertinent data.When are California's Required Overtime Laws in Effect?
Non-exempt employees in California may be entitled to obligatory overtime compensation if they work more than:An eight-hour workday (or a ten-hour workday in a four-day "alternative workweek," or a twelve-hour day in a three-day "alternative workweek")
If non-exempt employees work more than eight hours in a single weekday, they are usually entitled to overtime pay. Non-exempt employees who work more than 10 hours in a single workday under an alternate workweek plan are normally entitled to overtime pay. Employees who work more than eight hours on a given workday are still entitled to overtime pay, even if they generally work eight or fewer hours each day on average. Also, persons who work less than eight hours each day on a regular basis are not eligible to overtime pay if they work the whole eight hours. They would be paid at their regular rate until they had worked for eight hours.A workweek of 40 hours
If non-exempt employees work more than 40 hours in a single workweek, they are usually eligible to overtime pay. It's also worth noting that a worker's daily overtime hours do not count toward his or her weekly overtime hours. This means that before getting overtime pay for working more than 40 hours in a workweek, an employee must work at least 40 hours at a regular hourly rate (straight time pay), even if the person is already receiving overtime pay for working more than eight hours on a workday. This law prevents employees from pyramiding, which is when they are given double credit for the hours they labor. Also keep in mind those who work fewer than forty hours per week are not eligible for overtime pay if they work the full forty hours. They'd receive pay at their regular rate until they'd worked for forty hours.In a workweek, six 6 days in a row
For the seventh consecutive day of work in a workweek, non-exempt employees are normally entitled to overtime pay. Employers, like workdays, get to choose when their workweek begins. Working seven days in a row does not automatically entitle employees to overtime if those seven days are spread across two different workweeks. Employers may assign various workweeks to different employees. Employers also cannot adjust workweeks in order to avoid paying employees overtime.Have More Questions About Wages and Employer Violations?
Contact KAASS Law for more questions about wages and employer violations anytime. If you are an employee and can show that your employer violated any of the above wage and hour laws, and that you suffered damages as a result of the violation, you may have a claim for wage and hour violation under the relevant Industrial Welfare Commission Wage Orders, the new Fair Wage Act of 2016, PAGA, and the relevant California Labor Code sections. - Read More
Hoverboard Products Liability Claims
A few years ago, hoverboards had been introduced to the public. They began to quickly gain fame as most teenagers started purchasing the product. However, many problems arose during that time. Let's discuss them.What is a Hoverboard?
A hoverboard is a way of portable transport, made to ride with only feet. They are commonly known to be "self-riding scooters". Hoverboards came to be the "next big thing" at the time of their release. With it being technologically activated, there came along a variety of issues with the product.Hoverboard Technology Crashing and Loss of Control
With the hoverboard being the new portable way of transit, technology was highly relied on during the use of this product. An example of a defect in technology included the hoverboard coming to an immediate stop. Now, this may not sound so bad, however, the damages it led to have been far more serious. To further elaborate, let's discuss how the hoverboard is driven. To ride a hoverboard, you must place your two feet in the two given spots. To be able to move the hoverboard forward or backward, you must lean forward and backwards, respectfully. To turn in direction, the body weight must transfer to one leg while the other maneuvers the opposite leg to start turning. This applies to both sides while you are turning. So, if someone were to be riding the hoverboard and going in a forward motion and suddenly the hoverboard comes to an immediate stop, there are a countless number of physical damages that may arise in the midst of this accident. Technology crashing may also lead to a loss of control.Issues with Hoverboards
Some issues with the hoverboard include:- Manufacture defect
- Technology crashing
- Loss of control
- Advertising Expectations
California Hoverboard Product Liability Lawsuit
There are several possible hoverboard product defects that can exist causing injury. There are 3 theories that a product liability lawsuit can be brought under. The 3 product liability theories include:- Design Defect: A design defect occurs when the product's design was an initial factor causing the injury to the consumer
- Manufacturing Defect: A manufacturing defect occurs when the product deviated from design specifications and that defect was a main and initial factor causing the injury to the consumer
- Failure to Warn Defect: A failure to warn defect occurs when there is a risks known to the defendant but not clear to a consumer and the defendant's failure to provide a reasonable warning or notice, which was an initial factor causing the injury to the consumer
California Laws and Regulations on Riding Hoverboards
California hoverboard or electrically motorized board riders should be aware that there are California laws that govern its use. Some of these California hoverboard laws include but are not limited to:- Hoverboard riders are permitted to ride on public highways and roadways designated at 35 mph or less;
- Hoverboard riders must be at least 16 years or older to ride on public highways/roadways;
- Riders are not allowed to operate hoverboards on a highway, bikeway, or any other public bicycle path, sidewalk, or trail, at speeds over 15 mph;
- Hoverboard users are required to wear a helmet; and
- It is illegal to operate a hoverboard while under the influence of alcoholic beverages or any drug
Personal Injury Attorney
If you or someone you know has been injured from a hoverboard, don't hesitate to contact our Los Angeles personal injury attorney today at {meta.phoneFormatted} for a consultation and case review. - Read More
Rear-End Accidents Involving Semi-Trucks
A rear-end collision between a semi-truck and a passenger vehicle is something that happens often. The first thing that comes to mind when you hear the words "rear-ended by a semi-truck" is most likely the severity of damage such an accident can cause. This is primarily due to the overwhelming size and weight of the semi-truck can pose a serious risk of catastrophic injury or wrongful death in an accident.What are Common Causes for Semi-Truck Accidents?
There are many causes for rear-end accidents involving semi-trucks. Some common causes as to why a semi-truck driver may rear-end another vehicle include:- Size and weight of the semi-truck
- Unmaintained brakes
- Transporting an overweight load
- Inattentive driver
- Poor visibility
- Traffic conditions
- Poor weather conditions
- Driving under the influence (DUI)
What is a Commercial Truck Driver's Logbook?
Commercial truck drivers are required to maintain a ‘logbook" that records the "hours of service". In other words, this log contains the number of hours the drive has been driving. Semi-truck drivers hauling cargo have an 11-hour driving maximum after 10 consecutive hours off duty. Further, semi-truck drivers can work a maximum of 70 hours per week. A driver can then resume driving if they rest for 34 consecutive hours, including 2 nights. Furthermore, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with "hours of service" regulations found in 49 CFR 395.Semi-Trucks with Worn Out Breaks
Driving a semi-truck with unmaintained or worn-out brakes is negligent. Commercial vehicles such as tractor-trailers and semi-truck are moving fast and burdened with a heavy load and therefore generally will need a lot more time to come to a full stop than any SUV. As a result, failing to routinely maintain commercial vehicle breaks will need even more time to come to a complete halt.Things to Do After You Were Rear-Ended By A Semi-Truck
Step 1: Firstly, if you are involved in an accident, the first and most important thing to do is call an emergency response to request medical and police assistance. Step 2: Take pictures of the damage to the vehicles, the position of the vehicles, and the entire accident scene. If there is a debate as to how the semi-truck accident occurred, the damage and positions of the vehicles will help the police and accident reconstruction experts to determine what occurred. Moreover, taking a picture of the driver's logbook logs for that day is a plus. Step 3: Attempt to locate people who may have witnessed the collision. Get their name, address, and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information, vehicle registration, driver's contact, and employer information. Step 4: Seek the proper and immediate medical treatment as soon as possible. Going to the emergency room to be examined will ensure there are no internal or hidden injuries, as well as document your injuries. Step 5: Lastly, contact an auto accident lawyer immediately if you have been involved in a semi-truck accident.Suing for Injuries Sustained in a Commercial Truck Accident
A victim involved in an accident with a commercial truck can file a lawsuit against the at-fault driver and the commercial truck company. It is important to keep in mind that the tractor and trailer can have different owners. As such, it is important to ask the driver of the truck who owns the tractor and trailer.What Type of Compensation Can an Injured Truck Accident Victim Recover?
As experienced litigators, we have successfully litigated various personal injury cases including complex personal injury matters. Above all, our attorneys possess the mastery it takes to successfully receive fair settlements during the claims stage of a personal injury case. Don't accept low-ball offers from insurance companies. An injured truck accident victim may seek compensation for damages which includes:
- Past and future medical bills
- Emotional distress
- Pain and suffering
- Loss of income
- Lost earning capacity
- Loss of employment opportunities
- Loss of consortium
Los Angeles Commercial Truck Accident Attorney
If you or a loved one has been seriously injured or killed due to a negligent semi-truck driver it is crucial to seek advice from an experienced commercial truck accident attorney as soon as possible in order to preserve your claim and legal remedies. We invite you to contact our commercial truck accident attorney today at {meta.phoneFormatted} for a consultation.KAASS Law will connect you with leading medical professionals in your area to diagnose and treat your injuries. If you are unable to pay for the medical treatment we can facilitate treatment on a medical lien basis. This means you pay nothing up front. As the conclusion of your case, your medical bills are paid from the settlement.
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Bringing a Construction Site Accident Lawsuit in California
Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party's insurance carrier and/or a personal injury lawsuit against the at-fault party.Bringing Claims Based on Negligence
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:- The defendant owed a duty of care to the plaintiff
- The defendant breached the duty of care through negligence
- Defendant's negligent conduct was a substantial factor in causing harm to the plaintiff
- Plaintiff suffered damages
Premises Liability Construction Lawsuit
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:- The defendant owned, leased, or was in control of the property
- The defendant was negligent in the maintenance of the property
- Plaintiff was harmed
- Defendant's negligence was a substantial factor in causing injuries to the plaintiff.
California Product Defect Claims
Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:- Design defects
- Manufacturing defects
- Inadequate warning of potential safety hazards
Who Can Be Held Responsible for Construction Accidents?
There are a handful of parties that can be held responsible for construction accidents, which include:- Construction company
- Construction worker
- Architect
- Contractor or subcontractor
- Engineer
- Property owner
- City or government agency
What is Comparative Fault?
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff's damages award will be reduced by the proportion of negligence.Common Causes of Construction Site Accidents:
- Slip and falls
- Falling objects
- Fire explosion
- Overexertion
- Structural collapse
Types of Injuries in a California Construction Accident
People injured at construction sites can suffer different types of injuries, including:- Neck and back injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones or fractures
- Contusions
- Amputations
- Sprains and strains
- Cuts and lacerations
Statute of Limitations for Construction Accident Claims
Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.Remedies for Construction Accident Lawsuits in California
In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.Recoverable Economic Damages in a Construction Accident
Recoverable economic damages in a construction accident include:- Medical bills
- Medication and medical supplies
- Physical therapy
- Long-term care
- Lost future income
- Lost wages,
Recoverable Non-Economic Damages in a Construction Accident
Recoverable non-economic damages in a construction accident include:- Loss of consortium
- Compensation for loss of a limb
- Injury to reputation
- Pain and suffering
- Emotional distress
Glendale Personal Injury Attorney
If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS Law at {meta.phoneFormatted} for a consultation and case review. - Read More
SB 2 Police Reform Legislation
What is Senate Bill 2?
Senate Bill 2 is signed California legislation that creates a system to investigate police officer misconduct. SB 2 further eliminates certain immunity provisions for police officers and custodial officers, or public entities employing police officers or custodial officers sued under the act.
What Will Senate Bill 2 Create?
Senate Bill 2 will create a system within the Commission on Peace Officer Standards and Training. Essentially, this system will be made to keep police officers accountable should there be misconduct. This includes investigating serious matters such as the following:
- Excessive force;
- Sexual assault;
- Demonstration of bias;
- Demonstration of dishonesty.
Are There Any Divisions That Will Be Made as Part of Senate Bill 2?
Yes, under Senate Bill 2, the following divisions within the Commission on Peace Officer Standards and Training will be made:
- Peace Officer Standards Accountability Division;
- Peace Officer Standards Accountability Advisory Broad.
What Will Senate Bill 2 Do?
Senate Bill 2 will provide some of the following:
- It will eliminate certain immunities granted to police officers and custodial officers, or the public entities that employ them;
- It will not allow an individual who otherwise has a felony conviction from regaining eligibility to be a police officer;
- It will not allow an individual from being employed as a police officer should that individual have committed certain specific crimes against public justice;
- Require the Department of Justice to give the Commission disqualifying information, including felony and misdemeanor convictions on anyone who is a current or former police officer;
- Give power to the Commission to investigate in order to determine the fitness of any police officer in the state.
Does California Currently Have a Process to Revoke Police Officer Certification?
No, California currently does not have a process to revoke police officer certification.
Are There Currently Any Laws Provided that Protect the Public?
Yes, there are current laws that ensure the protection of the public. However, qualified immunity in federal court also applies as well as other California laws that have been interpreted broadly as a way to restrict cause of action brought by the public.