False imprisonment is the wrongful restraining, confining or detaining a person without that person’s consent. It is a crime (i.e. Penal Code, § 236) and can be charged as a felony or misdemeanor. It is also a common law tort. False Read more…
No. Unfortunately, you cannot. Section 17002 of the Beverly-Killea LLC Act (Corp Code Sections 17000-17666 or “LLC Statute”) states that subject to any limitations contained in the articles of organization and to compliance with any other applicable laws, a limited Read more…
A recent settlement agreement Simas & Associates, Ltd. on behalf of two licensed professionals inspired this blog. The parties – call them Doctor and CPA — had a business dispute and were settling the case. The settlement agreement was presented Read more…
Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to Read more…
Rules 26b and 34 of the Federal Rules of the Federal Rules of Civil Procedure instruct that information stored on computers is discoverable under the same rules that apply to tangible, written materials.[1] According to Principle 12 of The Sedona Principles:[2] Read more…
Obesity is no longer considered just a case of over-eating and lack of self-control. It is acknowledged as a “chronic progressive disease resulting from multiple environmental and genetic factors” by various International and National scientific organizations, including the World Health Read more…
Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. Read more…
In Sacramento, a county employee suffered a disability on the job that continued to worsen during employment, until the individual could no longer work. The retirement board did not agree on the cause of the disability, threatening the worker’s retirement. Read more…
Nurse on probation missed a check-in for controlled substance testing. It was due to a malfunctioning alarm clock. Nevertheless, missing such a check-in was immediate grounds for revocation of probationary discipline on the Nurse’s license. Simas & Associates, Ltd. was Read more…
Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as Read more…