Employment law update

Employment law update: An employer cannot require person to present a driver’s license unless employer requires driver’s license as part of the job.

Unemployment law update

Unemployment law update: Beginning July 1, 2015, people who wish to challenge an unemployment hearing decision have 30 days to appeal. It used to be 20 days.

How to comply with California's new paid sick leave.

Is there a way to comply with California’s new paid sick leave without violating this new law? Yes. (I probably would not ask the question if the answer was going to be no.)

One of the drawbacks (bad things for employers) with this new law is that the employer has to keep track of the hours worked by the employee and have the amount of accrued paid sick leave put on the paystub or some other writing to the employee. This can be too time consuming and confusing depending on a variety of things, such as the number of employees you have and when the employees started working for your company. For example, the more employees you have means more keeping track of hours worked and sick leave earned. And, when an employee started working for you affects the 90 day work requirement before paid sick leave can be earned.

The new law, however, does give an employer a chance to avoid these headaches in at least one way: by the employer offering paid sick leave (3 days or 24 hours) each year without the employee having to earn it every 30 hours as the new law requires. This way, the employer can be able to avoid having to keep track each pay period for sick leave earned and having to give the employee notice each pay period of how much paid sick leave has been earned because in theory in the employer has already complied with the new law and ensures its employees they have 3 days or 24 hours of paid sick leave available to them.

If you, as the employer, would like more information or assistance with putting together a policy to suit this new law, contact Attorney Angelo Campano at Campano Law Group at 661-945-5300 or by email: acampano@campanolaw.com.

Victim of Hit & Run?

Victim of Hit & Run? Even if you never find out who caused the accident, you may have a right to have your medical bills paid and also be compensated by your own insurance company. In order to protect that right, many insurance companies (maybe even your own) requires that you report the hit and run to the police within 24 hours and then contact your insurance company and report the accident within 30 days. Contact Campano Law Group, at acampano@campanolaw.com or call 661-945-5300 for more information.

Employment law update

Employment law update: california fair employment laws now protect unpaid interns and volunteers from harassment at work.

For more information, contact Attorney Angelo Campano at 661-945-5300 or email us at acampano@campanolaw.com.

Questions and answers about bike riding and car accidents in California:

Questions and answers about bike riding and car accidents in California:

Question: When I am riding a bicycle, and if hit by a car with no insurance, can my own car insurance help me? help pay my medical bills?

Answer: Yes, if you have under-insured (“UIM”) or uninsured motorist coverage (“UM”).
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Another question: What if I miss time from work because I am hurt? Can my own car insurance company help me get back the money I missed from working?

Another Answer: Yes, if you have under-insured (“UIM”) or uninsured motorist coverage (“UM”).
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Last question: Does this UIM / UM insurance help compensate me for my personal pain and suffering?

Last, but not least, answer: Yes, if you have this UIM / UM type of car insurance.

Putting up a sign that reserves the right to refuse service to anyone? Think twice.

A business putting up a sign that says the business can refuse service to anyone should think twice who that business means by “anyone”. California state law prohibits a business from refusing service to just anyone they choose. See Unruh Civil Rights Act.

What is the Unruh Civil Rights Act, you ask? It’s California Civil Code Section 51 that states: “All persons within the jurisdiction of this state are free and equal, no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever.” Civil Code section 51(b).

But, what does that mean in plain English? Basically this law prevents people from being discriminated against in housing and public accommodations based on their sex, race, color, religion, ancestry, national origin, disability, or medical condition. This law is also meant to cover arbitrary discrimination on the basis of characteristics of a person that appear to be one of the specified.

What’s considered a “public accommodation”? This includes but not limited to hotels/motels, non-profit organizations, restaurants, theaters, beauty shops, retail establishments. This is not an exhaustive list, so just because your business does not fall under these categories does not give your business the right to refuse service to anyone protected under this law.

Who can a business refuse service to, if anyone? Well, the right to refuse has to generally serve a legitimate business interest. Some examples are when a customer is not dressed properly; a customer is disruptive; a customer harasses customers or employees; or when there are legitimate safety concerns. Like the public accommodation list, this list is also not limited to what has been mentioned here.

Overall, it is clear that the law is meant to protect people based on sex, race, color, religion, ancestry, national origin, disability, or medical condition but the law does allow the business to protect itself based on the conduct of customers.