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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.
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.
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.
Non-exempt employees in California may be entitled to obligatory overtime compensation if they work more than:
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.
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.
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.
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.
Employers in California are required by law to give lunch or meal breaks to employees who work a certain number of hours.
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.
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.
One of several risks of tractor-trailers is that they are significantly higher off the ground than passenger cars, and a smaller vehicle can wind up sliding under the trailer in the event of a collision. This is known as an underride collision, and if you've ever been in one, you know how dangerous they can be. When the front of one vehicle collides with the rear of another, it is possible for the first car to go underneath or above the second car. This often results in severe injuries because there are not any parts on top to absorb energy from an impact like seat belts or airbags. Underride has the potential to crush entire cars, leaving victims with severe and disfiguring injuries. Unfortunately, far too many of these collisions result in death. If you've been seriously injured or lost a loved one, you're in for a long and difficult journey.
Naturally, when a truck is rear-ended, the trucking business will argue that the back vehicle's driver is to blame. After all, truckers are no more capable of regulating the vehicle in front of them than any other driver. The truck driver and the trucking firm, on the other hand, are responsible for ensuring that their vehicle does not pose a hazard to other cars, including those approaching from behind. The following are some of the reasons a truck driver could be at fault for an underride collision:
It's an unnerving feeling when you're driving and all of a sudden your car stalls. When you're stranded with an undriveable vehicle on the highway, oncoming motorists are likely to be speeding. If the motorist is distracted, inattentive, or intoxicated, they may not be able to maneuver out of the way quickly enough to prevent colliding with you. Low visibility, bad weather, or a motorist's view being blocked by a large truck ahead of them can all contribute to a collision with your already damaged vehicle. In this article we'll discuss what should happen if you find yourself stranded on the highway with a vehicle that is undriveable.
If you're on the highway, the dangers are greater because other drivers will be speeding past at high speeds. In California, roadside and shoulder of the road crashes involving disabled automobiles may occur in the following scenarios:
Burn injuries are among the most painful and life-threatening injuries a person may sustain. Because of the seriousness of these injuries, medical therapy sometimes necessitates prolonged treatment and possibly a variety of surgeries performed, and even still, patients may be left with permanent scarring. Many burn damage sufferers also suffer from agony and psychological scars that make it nearly hard to live life as they had before.
Fires, on the other hand, aren't the only source of burn injuries. A burn injury can result from a variety of factors, including a defective product, a workplace accident, or negligence from another party. In general, the person or company who causes a burn injury will be held liable to the sufferer for his or her damages. Fires, as well as items and activities that might cause burns, are common in Los Angeles.
A burn injury is a sort of personal injury, and victims are allowed to pursue monetary damages for their physical injuries and financial losses through a personal injury claim. A sufferer of a burn injury may be entitled to compensation for:
Intersections are usually dangerous since they have many lanes of traffic and pedestrians crossing the road with many drivers in vehicles who don't pay attention. A short error in judgment on the part of another driver is all it takes to transform someone's life forever. Drivers must be aware of their surroundings and other drivers on the road to avoid these crashes. Intersections with a high volume of traffic can pose greater risks because more people may be driving through at any given time. It is important for drivers to take caution when approaching an intersection to reduce the risk of an accident or injury.
Intersection collisions are frequently side-impact events in which one vehicle's front end collides with the driver or passenger side of another. Because the side of an automobile offers significantly less protection than the front and back, these collisions can be fatal. Vulnerable road users, such as cyclists and pedestrians, are commonly involved in intersection crashes. A split-second change in who had the right of way could determine who was at fault in a junction incident. Witnesses may vary as to which automobile entered the intersection first or what color the traffic signal was. Car accidents and collisions continue to occur at junctions throughout Los Angeles. You are entitled to compensation regardless of where you were harmed and whether or not a reckless driver was to fault.
Pedestrian safety is a critical issue that deserves the attention of both pedestrians and drivers. Every year, thousands of pedestrians are injured or killed in accidents that could have been avoided with increased awareness and caution. In this blog, we will explore the importance of pedestrian safety, common causes of accidents, tips for staying safe, and what to do if you’re involved in an accident. Understanding these factors can help reduce the risks on the road and save lives.
Pedestrians are among the most vulnerable road users. Unlike vehicle passengers who have the protection of a metal chassis, seat belts, airbags, and other safety features, pedestrians have no such protection when involved in an accident. This lack of physical shielding makes pedestrians more susceptible to severe injuries, including broken bones, traumatic brain injuries, spinal cord injuries, and in the worst cases, fatalities.
The need for pedestrian safety is particularly urgent in urban environments where heavy foot traffic and vehicle congestion make accidents more likely. Whether you're walking across a crosswalk, waiting at a bus stop, or strolling along the sidewalk, it is important to be aware of your surroundings and take the necessary precautions to avoid accidents.
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:
Sharing the road with others is a risk that is inherently obvious. We mitigate these risks with proper courses on avoiding collisions and having insurance, just in case. However, unfortunately, from time to time, there are situations where accidents do occur, and the person responsible doesn't have insurance. Lucky for you, prior to the accident, you decided to include Uninsured Motorist Coverage as part of your insurance policy! On the other hand, this can be unlucky for some that didn't know or get UMI coverage. Here at KAASS LAW, we strive to inform our readers and or clients about what types of insurance coverages are available. The following will shed light on what UMI does and why you should need it.
Uninsured Motorist Coverage is a very reliable option that you can have for your insurance policy. This entails that if you're in an accident with someone but they don't have insurance. Therefore, you can make a claim to your own insurance. Since you have coverage, having UMI will help you better when it comes to financial compensation. Normally, these compensations are from the damages against you by the responsible party that is held . It is also worth mentioning that coverage is similar to uninsured motorist coverage. For instance, it pays for bodily injuries suffered in a collision with a driver who does not have enough coverage to compensate for your injuries. Your underinsured motorist policy kicks in to assist cover the gap between the other driver's coverage and the entire amount of your losses.
Real estate transactions are usually the biggest financial process and undertaking for anyone involved in the matter. We rely on and depend on expertise that provides guidance from real estate agents. Normally, they should help guide this complex process, which leaves a place of trust in them for their financial well-being and future. Doing this, while most agents operate with professionalism and integrity, we expect nothing less than that. However, not everything foes according to place. Consequentially, situations and problems occur where an agent fails to uphold their contractual obligations. As a result, this leads to financial losses and significant stress for their clients. At KAASS LAW, serving clients throughout California, we understand the intricacies of real estate contracts and are here to shed light on how real estate agents can breach these agreements.
The relationship between a real estate agent and their client is typically governed by a legally binding contract, often a listing agreement (for sellers) or a buyer-broker agreement (for buyers). These contracts outline the duties and responsibilities of the agent, the scope of their services, the duration of the agreement, and the agreed-upon commission structure. When an agent fails to fulfill these contractual obligations, it can constitute a breach of contract.
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.
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 310.943.1171 to book a consultation.
A third party, such as another motorist, may be held liable for an underride collision. For example, say an automobile cuts in front of the truck, prompting the driver to slam on the brakes, producing a chain reaction in which a vehicle coming behind rear-ends the trailer – especially if the rear driver couldn't see the hazard in front since the truck itself was blocking the view. Most significantly, even if the wounded motorist was at fault for the accident, trucking companies and vehicle manufacturers have an obligation to guarantee that the trailer is secured from underride. Underride protections are now standard on most tractor-trailers, although they frequently fail, especially if they are not properly maintained or if they are struck from an angle. Depending on the specifics of the case, an injured person may be entitled to file a lawsuit against the manufacturer for product responsibility or against the trucking business for negligent maintenance.
Truck collisions are typically high-stakes situations, but they're even more so when underride is involved. Multiple insurance firms are usually always involved: the cab and trailer each have their own policies, as do the manufacturer and any other parties involved (such as other involved vehicles). The idea is to take immediate action before legal deadlines pass and crucial evidence vanishes or is lost. We can begin protecting your rights and advocating for your needs as soon as you speak with an attorney. There will be more obstacles in your way, but you won't have to tackle them alone. To talk with an expert underride accident attorney about your case, contact us immediately.
The law of product liability may apply in a circumstance where the driver had meticulously maintained the vehicle but it was nevertheless inoperable due to a manufacturing defect. Injured victims in California who are involved in a disabled vehicle accident may be eligible for compensation from a variety of sources, including the vehicle manufacturer. The issue of whether a manufacturer is liable in the event of a disabled vehicle crash can be complicated. Manufacturers are not liable for accidents that occur due to driver error, but they may be if the disabled vehicle was caused by design flaws or manufacturing defects. Manufacturers are not always aware of design flaws or manufacturing defects, and it's difficult to determine who is at fault in these cases because many factors contribute to an accident. However, there have been instances where manufacturers were found negligent after incidents.
If you are trapped in the middle of the highway;
Dial 911 from your cell phone if you are in a risky situation.
Even if you share some of the blame for your handicapped vehicle accident in California, you may still be entitled to seek compensation from the other at-fault driver. However, the amount of compensation you receive will be proportional to your degree of fault. For example, even if you are 90 percent to blame for an accident, you can still recover 10% of the losses from the other at-fault person. California uses a "pure comparative negligence" rule in this regard.
If you or someone you know has been involved in a disabled vehicle accident, feel free to give our office a call and get the compensation you need for your case. To reach our office, dial (310) 943-1171.
Burn injury claims are typically founded on:
A wrongful act made by an individual, company, or group that causes harm to another is known as negligence. Because California is a comparative negligence state, a burn injury victim may still be entitled to compensation even if he or she is deemed partially responsible for the accident. The possible damages for a burn injury victim will be lowered by level of fault. In order to prosecute a burn injury claim successfully, a victim must show that:
If a burn accident occurs as a result of a hazard on their land, the property owner may be held accountable. All property owners and occupants are legally expected to keep their property in reasonably safe conditions under California premises liability law. This means that every property owner has a responsibility to maintain their property, correct any harmful circumstances, or at the very least issue adequate warnings about any hazardous conditions. The following are some of the most common causes of burn injuries:
A corporation that manufactures or sells a faulty product that results in a burn damage may be held accountable for any losses incurred. Anyone participating in the chain of distribution, including product designers, producers, and retailers, can be held strictly accountable for accidents caused by a faulty product, according to product liability law. The following are some of the most common issues in strict liability cases:
After a burn injury, a sufferer must establish the following in order to win a product liability lawsuit:
If you or someone you know has been injured, feel free to reach out to our office at (310) 943-1171.
Intersection accidents are caused primarily by driver negligence, not only in Los Angeles but throughout California. This is because they are primarily caused by driver negligence, not only at intersections but anywhere on the road. When drivers run red lights or stop signs, it increases their risk of having an accident. The following are the most typical reasons of intersection collisions: Failure to Stop at a Red Light - At a red light, all drivers must come to a complete stop. Failure to do so may result in a collision with drivers who have the green light or who are turning left. Also, before performing a right-hand turn, a driver must come to a complete stop. When drivers fail to do so before turning, they are more likely to miss oncoming vehicles or pedestrians attempting to cross, resulting in catastrophic intersection collisions. Accelerating to pass the Yellow light - A yellow traffic light warns vehicles that the light is about to turn red, indicating that they should slow down and stop. Los Angeles drivers, on the other hand, are frequently in a hurry and race through intersections in order to beat the light. Drivers frequently violate the speed limit, colliding with other vehicles in the intersection. Rear ending collision - Rear-end collisions are the most common form of car accident in Los Angeles, with majority of them occurring at junctions. Aggressive drivers behind them frequently rear-end drivers who slow down for yellow lights or fail to recognize that the light has changed from red to green. Making a left turn - Before proceeding with a left turn at an intersection, drivers must look for incoming traffic and pedestrians. Because left-turn accidents are so common in Los Angeles, arrow signals are being put at junctions to limit the amount of left-turn accidents. If you have been involved in an intersection collision, please do not hesitate to give us a call. Our attorney will be able to help you receive the right compensation for your case. Give our office a call at (310) 943-1171.
Whether you're a pedestrian or a driver, there are several measures you can take to stay safe on the road:
The following steps can help ensure your safety and protect your legal rights:
It’s important to work with a law firm that understands the complexities of these cases. At Kaass Law, we are committed to helping pedestrians injured by others' negligence. We can investigate the cause of the accident, gather evidence, and ensure that you receive the compensation you deserve.
For more information on pedestrian safety and legal representation, visit our website at Kaass Law.
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:
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.
Collision coverage, which may be added to a car insurance policy, pays to repair your vehicle if you're in an accident, whether you're at fault, if the other at-fault driver is uninsured, or if you're hit by a hit-and-run driver. But remember that collision policy only covers the cost of repairing your automobile up to the limitations of your coverage, not your injuries. However, the period of time a policyholder has to file an uninsured or underinsured motorist claim depends on your policy. KAASS LAW can help and review if needed.
In this case, you can file a vehicle accident lawsuit, but even if you win, it may be a hollow victory. There's no assurance that if you get a judgment against an uninsured motorist, you'll be able to collect the money (or any portion of it). Due to the fact that an uninsured driver may not have many assets, enforcing the judgment may be a lost battle.
If you are involved in an accident with an uninsured driver and sustain injuries, you would typically file a claim with your own insurance company under your UM coverage. Here's a general overview of the process:
In addition to uninsured drivers, there's also the risk of being hit by an underinsured driver. Someone who has insurance but whose policy limits are insufficient to cover the full extent of your injuries and damages. California law also allows you to purchase Underinsured Motorist (UIM) coverage. This kicks in when the at-fault driver's insurance limits are exhausted, and your damages exceed their coverage. UIM coverage works similarly to UM bodily injury coverage, allowing you to seek additional compensation from your own insurer up to the limits of your UIM policy.
If you have been injured in an accident involving an uninsured or underinsured driver in California, KAASS LAW can help. We can help with opening up claims if needed and among many other performances such as:
Don't leave your financial future vulnerable to the actions of uninsured or underinsured drivers. Contact KAASS LAW today for a consultation. Our team is here to discuss your auto insurance coverage and how we can help.
Loyalty refers to the duty of the real estate agent to act only in the client's best interests when assisting them in their affairs. This means that doing something during the home buying/selling process that is meant to serve the agent's or a 3rd party's interests could constitute malpractice, even if it was not necessarily detrimental to the client.
Real estate agents and brokers are expected to use a certain standard of care when handling their client's real estate transactions. The standard of care for agents is that of a competent real estate professional, one who has significantly more knowledge of real estate than the average person. Failure to act within the required standard of care would be a breach of contract.
It is required that agents do not disclose information that would hurt their clients' chances of buying or selling a home for the best possible price. However, they are not required to remain confidential withholding the information would be a contract breach act itself.
While certain information must be confidential by real estate agents, they also have the duty to disclose certain information when they are both buying and selling a property. A realtor assisting someone with buying a property must disclose information such as:
A realtor assisting someone in selling a property must disclose information such as:
Obedience simply means that the agent must obey the commands of their clients unless those requests are outlawed by either their contract or the law. The client has the ultimate say in whether they should take an offer or wait for a better one, for instance. The client cannot, however, tell them to hide the fact that the air conditioning unit must have a replacement.
Accounting refers to the agent's duty to safeguard and keep track of all money and documents entrusted to them. This makes it their responsibility to make sure they correctly bill the client and do not release private or sensitive information, especially if it would hurt their bargaining power.
Real estate transactions involve significant investments, and you have the right to expect your agent to uphold their contractual obligations and act in your best interests. If you believe your real estate agent has breached their contract and you have suffered financial harm as a result, it is crucial to seek legal counsel. We can help in the following ways: Review your contract: Analyze the terms of your listing agreement or buyer-broker agreement to determine the agent's obligations. Investigate the circumstances: Gather evidence to determine if a breach of contract has occurred. Assess your damages: Help you quantify the financial losses you have suffered due to the agent's actions. Explore your legal options: Advise you on the best course of action, whether it involves negotiation, mediation, arbitration, or litigation. Aggressively advocate for your rights: Represent your interests to seek the compensation and justice you deserve. Entrusting a real estate agent with your property or your search for a home requires a significant degree of faith. When that trust breaks due to a breach of contract, KAASS LAW is here to provide legal support. Additionally, given the circumstances, we can represent that you need to navigate the complexities and pursue a just resolution. If you have concerns about your real estate agent's conduct, contact us today for a confidential consultation. Our office can also help anyone who is dealing with real estate purchase and sale disputes.