“Wages” include all amounts for labor performed by an employee, whether the amount is calculated by time, task, or commission. Wage claims are governed by two sources of authority: the provisions of the Labor Code and a series of eighteen wage orders, adopted by the Industrial Welfare Commission.
According to CACI 2700 in case the plaintiff claims that the defendant owes him unpaid wages he must be able to establish the following elements:
According to State law, almost all employees must receive the minimum wage. The current minimum hourly wage in California for businesses with twenty-six or more employees in 2022 is $15. For businesses with twenty-five or fewer employees, it is $14 for an hour. The required minimum wage is the employer's obligation and can’t be waived by any agreement, including collective bargaining agreements. An employer can’t use an employee’s tips as a credit toward the obligation to pay the minimum hourly wage.
According to California Labor Code Section 510, employers are required to pay their employees for overtime work after their hours. Employees who work more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 days in a workweek are entitled to overtime pay. Overtime laws don’t apply to all workers and certain workers, such as farmworkers, are covered by different overtime laws.
In California, employers aren’t obliged to provide paid time off or paid vacations to their employees. Though, the employers who choose to offer vacation should follow certain guidelines. According to California law accrued vacation is considered a form of wages that have already been earned by the employee, this means that accrued vacation can’t expire and must be paid out to an employee upon the employment termination. The same rule is applicable to paid time off.
According to California Labor Code Section, 512 non-exempt employees are entitled to rest and meal breaks. Thus, an employee must receive a thirty-minute meal break in case he works more than five hours a day. The employee is entitled to a second thirty-minute meal break if he works more than ten hours in a day.
If you quit your job and give your employer less than 72 hours' notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours' notice, you must be paid immediately on your last work day. In case the employee is fired he must receive his final paycheck on his last day. In case he isn’t paid when the job ends, he may be entitled to receive an additional payment of a day’s wages for each day his employer withholds the final paycheck, for up to thirty days. If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have your final paycheck ready for you on your last day of work. If you ended your employment — you resigned or you quit — without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work. But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day.
Facing the challenge of an employer who refuses to pay your wages can be overwhelming and involve complex state laws. Contact KAASS LAW at (310) 943-1171 today regarding your legal rights to get immediate consultation and prompt help.
A wrongful birth lawsuit is a type of medical malpractice where mother, who gives birth to a child who has a disease or disability, files a lawsuit. The disability is not one that occurs during labor and delivery, as it is in wrongful death cases. Doctors are not liable as they fully informed the parents about the degree of the child's injury. Parents of children born with birth defects or diseases can sue the hospital or a healthcare professional in wrongful birth lawsuits. Parents can also file a claim if genetic counseling misled them about the chances of a fetus developing abnormally.
The California Supreme Court recognized the following general factors of a wrongful birth claim: the doctor failed to inform new parents the danger of having a child with a genetic or anatomical condition; the doctor's negligence caused the injury. According to CACI 512 to establish this claim of a wrongful birth, the plaintiff must be able to establish the following elements:
A roof accident can result in devastating injuries, costly medical treatment, and long recovery periods. In California, when someone falls or gets injured due to unsafe roofing conditions, it’s important to determine who is legally responsible.
Under California negligence law, any party that breached their duty of care and caused harm may be held liable. Liability isn't limited to the person who directly caused the incident—multiple parties could be responsible depending on the circumstances.
Several individuals or entities may be held accountable for a roofing accident, including:
Long-term disability insurance policies provide financial assistance to those who can no longer work due to an injury or prolonged illness. It typically covers disabilities that prevent those from working for at least two years, as opposed to short-term disability insurance, which covers disabilities that last shorter than that. These policies generally do not pay the disabled party’s full salary upon stopping work, and depending on the policy, tend to pay between half and three-quarters of it. Many full-time employees already have long-term disability insurance through their employers.
The process of filing a claim can be done by following these three steps. Keep in mind that you may want to submit any other documentation that is not required for submitting a claim but that you think will help your case. The steps are as follows:
California Penal Code Section 152 states, “every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor.”
There are 2 basic requirements that form the crime of concealing an accidental death. They are:
The first element of the crime makes it necessary that the accused person had knowledge of the accidental death. It also is the part that specifies that the death itself must be “accidental,” meaning that the actual occurrence that led to someone dying must have been unforeseen. The second element requires that you concealed or tried to conceal the death. One can fulfill this criminal definition by doing any of the following:
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.
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:
When looking for vehicle insurance, there are a few terms you should be aware of. The phrase "premium" is one that you may come across. Simply put, this is the amount you must pay the insurance company to cover your vehicle. Deductible is another phrase for the same thing. You must pay this amount before the insurance company will pay out. You can reduce the overall cost of your insurance by increasing your deductible.
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:
It goes without saying, but getting in a car accident is the last thing on anyone's mind. Furthermore, the situation can be more stressful when the other driver decides to flee the scene and leave you in the dust. These types of scenarios are extremely dreadful, and on behalf of KAASS LAW, we don't wish this on anyone. Committing a hit-and-run is a serious offense in California, carrying major legal penalties for the responsible driver. Additionally, leaving victims after the accident is just disgraceful. At KAASS LAW, we are dedicated to providing clarity on the legal ramifications of hit-and-run incidents and offering guidance to those who have been a victim of this unlawful act. The following will aim at the legal codes of a hit and run, steps to take after the incident, and how KAASS LAW can help.
California Vehicle Code section 16025 makes it a crime to leave the scene of an accident without providing the following information (except under special circumstances, such as being under a lot of injury):
When your property is damaged due to someone else’s actions, you have the right to seek compensation under California law. But timing is everything. If you wait too long, you may lose the opportunity to recover damages entirely. Understanding the legal timeline and how it applies to property damage claims is crucial for protecting your rights.
In this article, we’ll break down the types of property damage, relevant deadlines, and exceptions under the California Code of Civil Procedure. If you're facing a situation involving damage to your property, this guide will help you take the next step.
There are two main categories of property damage under California law:
This refers to damage involving land or anything permanently attached to it, such as:
For example, if someone drives a vehicle into your home or illegally builds on your land, it falls under real property damage.
This includes movable items not permanently affixed to land or structures. Common examples are:
Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
Penalties for PC 215 carjacking conviction in California carries a:
Being a victim of a crime is devastating and can leave long-lasting trauma onto victims. Furthermore, this far beyond physical injuries and infliction onto the person. In doing so, the aftermath of the crime in questions leaves a tremendous impact on its victims that may even potentially have irreversible damages. These type can be one of many cases such as emotional distress, financial burden and a complete disruption of your everyday life. On a better note, here in California recognizes the major impact of crime on its residents. Additionally, it has made the California Victim Compensation Board (CalVCB). As a result, this will provide financial assistance to victims and their families, upon eligibility. Here at KAASS LAW, while serving communities across California, we are also dedicated to informing victims about their rights and helping them navigate the process of seeking compensation to aid in their recovery. The following will further explain the acts of a criminal offense, what CA has provided for the victims in need, and how KAASS LAW can help!
The CalVCB provides reimbursement for a range of crime-related expenses, offering a crucial lifeline to those who have suffered harm. It's important to understand that this program is not in the intent to replace insurance or provide full restitution from the offender, but rather to help victims cover essential costs incurred as a direct result of the crime. further expands the definition of punishment if someone committed a criminal offense.
In their accusations, some families claim that a qualified doctor misdiagnosed their kid before birth. Others accuse genetic counselors of underestimating the risk of a child developing abnormally inside the womb. This is a common accusation when one of the child’s parents has a hereditary genetic disorder. Usually, the lawsuits are filed following the birth of a child with Down Syndrome, cystic fibrosis, holoprosencephaly, or spina bifida. These injuries are often detectable by sonogram and ultrasound or by some sort of lab test. The lab technician, ultrasound operator or radiologist must observe the child’s condition and inform the obstetrician, who must notify the parents. After that the parents can decide whether they want to continue on with the pregnancy.
Parents who properly litigate for wrongful birth may be granted monetary damages to help defray the costs of caring for a kid with birth abnormalities. In wrongful birth cases, parents can be entitled to a financial compensation to cover items such as:
This financial compensation is not aimed to cover the costs related to the raising of a child. It will only cover the costs that are specific to child born with a birth defect or disease.
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at 310.943.1171.
Even if the injured person didn’t personally know the party at fault, California law allows claims based on negligence that led to harm.
In any personal injury case involving negligence, the injured party (plaintiff) must prove certain legal elements to hold the responsible party (defendant) accountable. In a roof accident case, the plaintiff must show:
Collecting evidence such as photos, witness statements, inspection records, and expert testimony can help support these claims.
Yes. Under California's respondeat superior rule, an employer is legally responsible for the actions of its employees if those actions occur within the scope of employment. This means:
Yes. Under California premises liability laws, property owners must keep their premises in a reasonably safe condition. This includes inspecting roofs, repairing damage, and warning others of known hazards.
You may hold a property owner accountable if:
Explore premises liability laws in California
If your accident occurred on property owned or managed by a government agency—such as a school, municipal building, or public housing—you may still file a claim. However, the process involves specific steps and tight deadlines under California’s Government Claims Act. You must:
Hiring an attorney quickly is essential in these cases.
If you’re injured in a roofing accident, you may seek compensation for:
In wrongful death cases, family members may also seek compensation for funeral expenses and loss of companionship.
If you or a loved one has been hurt in a roof fall, follow these steps:
Determining who is responsible for a roof accident isn’t always straightforward. Multiple parties may share liability, and proving negligence requires strong evidence. At KAASS LAW, our attorneys are skilled in investigating fall-related accidents and identifying all liable individuals or entities.
We help clients navigate the complexities of premises liability and personal injury law and fight for the compensation they deserve.
📞 Call KAASS LAW at (310) 943-1171 or visit kaass.com for a free consultation.
Insurers can deny a long-term disability insurance claim for a variety of reasons. For example, they might claim that your disability is not severe enough to prevent you from performing the duties of your job, or that your treatment history does not offer compelling evidence that you are too injured/ill to work. They may also reject it based on you missing a deadline that was agreed upon in the policy, so it is imperative that you are aware of when you must submit the claim in order to gain compensation. There are instances when insurers act in “bad faith” when rejecting a claim, meaning that the insurer wrongfully denied your claim or denied it based on an insufficient reason. Some examples of acting in bad faith are:
Are you in need of additional information regarding long-term disability insurance claims in California? Our employment law attorneys at KAASS Law would be happy to help you out. Get in touch with us anytime at (310) 943-1171 or fill out the form below. [contact-form][contact-field label="Name" type="name" required="true" /][contact-field label="Email" type="email" required="true" /][contact-field label="Website" type="url" /][contact-field label="Message" type="textarea" /][/contact-form]
Concealing or destroying the body of the person who died would be a clear example of this offense, but there are several other ways to criminally conceal an accidental death in the eyes of the law. Hiding any piece of evidence or misleading authorities in any way would also be considered a violation of PC 152.
Concealing an accidental death is a misdemeanor offense in California. It is punishable by:
There are several ways to defend yourself if you are wrongfully charged with violating PC 152. They include:
There are circumstances in which one may hide evidence or lie to the police without actually making an attempt to conceal any death. Doing this could result in being charged with another crime, such as PC 135 (destroying or concealing evidence). However, if you didn’t actually try to hide the fact that someone died, you couldn’t be charged. Accidental deaths often create situations where people feel scared or threatened by others who know about the death. It may be the case that you want to tell authorities what happened, but others do not. If anyone who witnessed the death made a threat to you in order to keep you quiet, this is known as “duress,” and you would not be guilty of concealing an accidental death because you only did it because you feared for your own safety.
Nothing covered by liability insurance is covered by comprehensive insurance. As a result, no medical expenses or car repairs incurred as a result of a traffic accident are covered. It also doesn't cover you if you collide with a stationary item like a mailbox or a wall. This form of coverage is optional for car owners. Comprehensive insurance is required for people who leased an automobile or took out a loan to buy one. In fact, it is frequently required by the lease or loan agreement's terms.
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:
Keep in mind that your responsibility only extends to the victim(s) and not to you. Furthermore, you will be responsible for paying for your own medical expenses and car repairs out of pocket.
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.
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.
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 310.943.1171.
If you cannot find the driver, compensation for the damages depends on your insurance policy coverage. Furthermore, if you have collision coverage, your insurance will cover your property damage. In addition, if you have Medpay coverage, your insurance will cover any medical bills you incur. Keep in mind, however, that Medpay will only cover the direct costs of your medical bills, and it will not compensate you for lost wages, pain, suffering, or emotional distress caused by the accident. If you have uninsured (UM) coverage, your insurance will pay for your bodily injury claim, which includes future medical expenses as well as pain and suffering. Depending on your limits, your uninsured motorist coverage will be able to provide coverage for injuries sustained by you and your passengers.
California Vehicle Code sections 20002 and 16025 make it illegal to flee the scene of an accident and withhold the required identification and insurance information from the other parties involved.
CVC 16025, requires drivers must share and exchange insurance information. A CVC 16025 offense is considered an infraction in California and is punishable by a fine of up to $250.
CVC 20002 makes it illegal to flee the scene of an accident where there is only damage to property and no injuries. It is considered a misdemeanor in California, however, it is common for these cases to be dropped, if the defendant pays financial restitution for the damages.
The penalties for violating CVC 20002 can include:
CVC 20001 makes it a crime to flee the scene of an accident where there are injuries or death. This is a felony offense in California that is punishable by:
Being the victim of a hit-and-run accident can be a frightening and frustrating experience. Here are crucial steps to take to protect your safety and legal rights:
At KAASS LAW, we are here for you. The following are some of the many things we normally offer:
Please contact us for a free consultation so may further help!
If a neighbor backs into your car or someone intentionally smashes your laptop, this would be considered damage to personal property.
Under California Code of Civil Procedure Section 338, the law sets a clear deadline to file most property damage lawsuits. You typically have three years from the date the damage occurred.
Here’s how the statute applies:
This deadline applies regardless of whether the damage is part of a larger legal claim or an independent lawsuit.
If you attempt to file a lawsuit after the three-year statute of limitations has expired, the defendant will likely file a motion to dismiss your case. In most situations, the court will grant this dismissal, meaning you lose your right to recover compensation, unless a valid legal exception applies.
California law allows for certain situations in which the statute of limitations may be paused or tolled. Below are a few notable exceptions:
If the person responsible for the damage was out of California for part of the three-year period, the timeline may be paused. The statute doesn’t count the time the defendant was unreachable or absent from the state.
If you were under the age of 18 or were not legally capable of making decisions (due to illness or disability), the three-year period may not begin until you reach legal adulthood or recover mental competency.
Waiting too long to file your claim can lead to more than just the dismissal of your case. Evidence can disappear, memories fade, and witnesses may be harder to locate. Filing early helps preserve critical documentation such as:
The longer you delay, the harder it becomes to build a strong case.
If you're unsure whether the three-year deadline has passed—or whether an exception may apply—it's important to speak with a knowledgeable California attorney as soon as possible.
At KAASS LAW, our experienced legal team can review your case, determine applicable deadlines, and help you pursue the compensation you deserve. We offer legal services in Glendale, Los Angeles, and throughout California, handling both real estate and claims.
Learn more about our personal injury and civil litigation services
If your home, land, or personal items were damaged due to another person’s actions or negligence, you have a limited time to act. Under California Code of Civil Procedure Section 338, most lawsuits must be filed within three years. Missing the deadline could mean permanently losing your right to compensation.
Whether the damage was accidental or intentional, involving a neighbor, a driver, or a stranger, understanding your legal rights and the time limits is crucial. If you're in doubt about how much time you have left—or whether your case qualifies for an exception—reach out to a trusted California property damage lawyer today.
Call KAASS LAW at (310) 943-1171 for a free consultation about your property damage case.
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Other carjacking related crimes include:
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. “Damages” refer to harm that may have been done in the form of:
When looking to be compensated for damages, a plaintiff must prove that the criminal was acting negligently and also that the damage was caused by the negligent actions.
Below is a list of crimes that typically result in extensive damages to victims:
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:
First, it may be the case that the damages were not actually a result of the crime committed. It is not enough to merely show that a crime and damages took place, you must also show that the crime was the cause of them. Let’s apply this to example 1: It is also a possibility that the criminal does not completely deny responsibility for damages, but claims that the damages in question are excessive.
While victims can apply for compensation on their own, having experienced legal counsel can significantly ease the burden and increase the likelihood of a successful outcome. At KAASS LAW, our attorneys can assist victims of crime in California by:
The California Victim Compensation Board serves as a vital resource for those who have been harmed by crime. Understanding your rights and the availability of compensation can be a crucial step in the healing process. At KAASS LAW, we are committed to empowering victims of crime by providing them with the information and legal support they need to navigate the path to recovery and seek the justice they deserve. If you or someone you know has been a victim of a crime in California, please reach out to us for a confidential consultation. We are here to help you find a path forward. We understand the loss of someone's integrity, security, or even their well-being. Sometimes the injuries cut deeper than the injury itself. Allow us to be your voice and attempt to go after the ones that did you wrong. Contact us if you are seeking legal help and or representation.