Last week, California’s Governor signed into law AB 908, which established that, beginning January 1, 2018, it increases the wage replacement rate for employees receiving disability insurance and/or paid family leave benefits through the state. Effective January 2018, this amount will increase from the current 55% to 60 or 70% of the employee’s compensation, depending […]
The Food and Beverage Industry: Understanding the New Wave of Class-action Lawsuits
Over the last five years, the food and beverage industry has experienced a rise in consumer class-action lawsuits. Previously, a food and beverage company’s risk of consumer litigation arose primarily from personal injury claims, such as if a consumer were to become ill from consuming a product. Now, class actions are often filed based on […]
Meal & Rest Breaks in California
Meal and rest break policies continue to be the source of a myriad of litigation in the state of California. Understanding California’s meal and rest break requirements are important for employees to protect their rights, and for employers to avoid unnecessary litigation. To comply with these rules, employers must do everything possible to communicate […]
What Happens if You Let Your Friend Drive Your Car and an Accident Happens?
California law states the car’s insurance follows the car and not the driver. This means that if you lend your car to a friend and is involved in an accident, your auto insurance is primary and will pay for any property damage, regardless if your friend is fully covered by his or her own auto […]
California’s Paid Sick Leave Act
California recently became only the second state to guarantee some annual paid sick leave for most full and part-time employees. Connecticut is the only other state to do so, having passed similar legislation in 2012, though it has modified the original law somewhat since then. With substantial bipartisan support in the Assembly and Senate, Governor […]
Worked to Death?
Can an employee die from too much work?” It seems inconceivable that such a scenario could take place in America today unless it involved undocumented aliens who were being forced to work in sweatshops by exploitative employers or risk being turned over to immigration authorities and deported. But, according to the family of a nurse […]
California Meal Breaks
In April 2012, the California Supreme court in the long-awaited ruling in the case of Brinker v. Superior Court clarified when rest and meal breaks may be provided and when employees are deemed to be on break. It confirmed that all employers have to make meal breaks available to employees but listed certain criteria, all […]
What If You Are Partially at Fault at Your Accident?
Everyone makes mistakes, especially on the road. However, many injured motorists incorrectly believe that if their own negligence contributed to their injuries in any way, they are wholly unable to recover legal compensation. This belief is based on an old rule of law called contributory negligence that has been abolished in all but a handful […]
Dangerous Toys In The Hands Of Our Children
Toys are supposed to be safe and fun. Unfortunately, on too many occasions dangerous and defective toys find their way into children’s hands. In 2012, there were 265,000 reported injuries nationwide and 11 deaths attributed to dangerous toys. Recently, a toy manufacturer call Kids II issued a recall of their Baby Einstein Musical Motion Activity […]
What is a Wrongful Death Claim?
In California, a “wrongful death claim” arises when one person dies as the result of the wrongful act or negligence of another person or entity. Unlike a homicide case that is brought by the state and in which the convicted offender is penalized with prison, probation or other methods, a wrongful death claim is a […]