Posts tagged with "lawyer"

illustration by Sara Davidson for use by 360 Magazine

How to Get Your Car Back After It Gets Towed

When you find out your car has been towed, the first thing to do is check if it was improperly parked. If your vehicle was not parked in an illegal space, then call the police non-emergency number and ask what you can do about getting your car back. There are so many reasons why your car may have been towed. Finding out why and how to get your vehicle is going to be crucial. Be aware that most tow companies charge a fee of $200 or more for retrieving cars.

Contact the Police Non-Emergency Number

If you find out that your vehicle has been towed and it is not because of an illegally parked vehicle, then call the police non-emergency phone line to learn what can be done about getting back a car.

The police non-emergency number will help you figure out why your car was towed and how it can be retrieved.

Call Your Lawyer

Your car may have been towed because it was used in a crime. If this is the case, contact your lawyer immediately. Your lawyer will be able to advise you on how to proceed or what can be done about retrieving your car.

Your lawyer may also know of any laws that protect you from being charged with the crime if you are not found guilty. This information will help so much when talking to authorities and trying to get back a vehicle without legal issues following it after the tow truck has left.

Take Pictures Before and After the Tow

Most tow truck companies will not give you a receipt or any form of documentation about your car’s location. Taking pictures and keeping evidence will be the only way to make sure that it gets back on track if something were to happen with insurance, retrieval fees, and other legal matters after it has been towed from its original spot.

If you feel it was illegally towed, take pictures of the parking spot as well as your car. This documentation will come in handy if you need to prove that it was legally parked and the tow truck company illegally towed it.

Have All Legal Information and Documentation Ready

You will need to have all legal documentation and information ready when talking with the tow truck company, including ensuring that you are not held responsible for any fees. Make copies of your driver’s license, registration, insurance card, title certificate, or bill of sale if needed at a later date. If there was an illegal reason why your car was towed, it would be imperative that you keep a record of all legal actions and documentation.

Make sure to ask for a receipt from the tow truck company after your vehicle has been picked up. If they refuse or give an amount higher than $40, do not pay them until you have called your lawyer to make sure everything is on the up and up.

Sometimes, tow truck companies will check your car’s VIN to see if you have any outstanding tickets or payments owed. This will help them decide if they can legally tow your vehicle or not, so be sure to have all information ready before you even call the police non-emergency number.

Getting towed is one of those things that no one wants to experience. If it does happen, though, at least there are tips and tricks on how to get back a car and resolve the issue. Just make sure to be prepared with all documentation and information necessary.

Why You Should Enlist a Lawyer After a Car Crash

Roads are full of surprises, and you never know when an accident may happen. No matter how careful you are, it isn’t always possible to avoid accidents. From reckless drivers to poor road conditions and aggressive drivers, you never know what could happen. If you are injured in a car accident, it is always wise to enlist the services of a lawyer. Here are a few reasons why. 

Dealing With Your Insurance Company

Your insurance providers are pleasant and accommodating when you first need to get insurance. However, they can be very difficult and unpredictable when it is time to seek compensation. It would help if you had a good lawyer to deal with them. Since they are big companies, they are likely to hire good lawyers. You don’t want to go against a big insurance company lawyer without any legal representation. 

The lawyer has a lot of expertise in law. They have handled issues similar to yours, and if you have no legal help, they can quickly shut your claims down. Negotiation is an integral part of the process, and your attorney will do it better than you. They will help you handle the process of recording the details of your accident to ensure that you get the maximum compensation. 

Peace of Mind

Working with a good car accident lawyer gives you peace of mind. You can sit back and relax knowing that your case is being handled. You don’t need to run up and down wondering what paperwork to fill next or what you need to handle first. When you have just been in an accident, you want to rest and recover. Working with a lawyer makes that possible. 

Proving Injuries

Even if you sustained serious injuries in a car accident, proving them can be difficult. The period right after your accident can be confusing. Many people don’t remember to keep proof of their injuries. If you contact your lawyer right from the start, they’ll ensure that no evidence is lost. They will help you keep copies of your medical reports, medical records, and photos of your injuries. They may help reconstruct the accident to prove who was at fault. They may interview witnesses and obtain accident reports on your behalf. 

Getting Maximum Compensation

Your attorney will help ensure that you get maximum compensation for your damages. While you may understand the physical and emotional impact of an accident, you may not understand the true financial impact. Car accident lawyers know how much different injuries are worth. They will determine the strength of your case and give you an estimate of what to expect before going forward. With their help, you may receive compensation for medical bills, mental anguish, lost wages, property damage, and pain and suffering. 

Settlement Negotiation

Depending on the nature of your accident, a settlement may be your best option. Settlement negotiations aren’t limited to the parties involved in the accident. They may also involve car insurance providers. 

Your lawyer will help ensure that the settlement you receive is consistent with your injuries and property damage. They represent you in negotiations and ensure that you aren’t getting less than you deserve. 

If you lack representation, insurance providers are likely to take advantage of your inexperience. They may offer a settlement that is a lot lower than what you deserve. 

Filing a Case

If you need to file a case, your attorney is the best person to take care of it. They will represent you in court and ensure that you receive compensation. If the other party seems unwilling to offer compensation for your damages, call your lawyer

After a car accident, you have a lot of people to call. It is a stressful time, and most people don’t know how to react. However, your lawyer should be one of your first calls. They will give you tips to handle the situation and get as much compensation as possible.

WHY I LOVE HEMINGWAY

My interest in Hemingway was piqued when I was 19. On a whim, I picked up Aaron Hochner’s book Papa Hemingway and never looked back. The anecdotes, the gusto for life that Hemingway showed, the jokes, and the intensity of the man captured me completely. After that, I read every biography published starting with Princeton scholar Carlos Baker’s seminal work, and then went on to the original sources: the short stories, the novels and the letters.

People invariably express surprise when they find that I, a woman, am deep into Hemingway lore and literature. The most common reaction is, “Oh God, he hated women, didn’t he? And he loved bull fighting and hunting. How can you stand him?” After 35 years of reading Hemingway, here’s what I’ve concluded about why I am such a fan and why I find him so relatable.

1.    Hemingway was complex. There is the surface and there is more. Just as his simple short sentences belie deeper messages, Hemingway’s persona of a bellicose he-man obscures the multi-faceted shy man beneath the facade. He was a macho icon and yet was far ahead of his time in writing about gender fluidity, women’s rights, and women as leaders. His character Pilar, a mountain woman, is a strong secondary heroine in For Whom the Bell Tolls. The 1927 short story, Hills Like White Elephants, deals with the issue of abortion with compassion and directness all without once mentioning the word and with Hemingway’s sympathies clearly resting with the woman. And in his exploratory The Garden of Eden, Hemingway wrote of gender identity and role changing, all unmentionable in his era. He was a brilliant, insecure, depressed alcoholic with mother issues, all of which made for a rich if not easy emotional stew. The man was full of contradictions and nuance—like all of us.

2.    Hemingway’s subject matter moves me. I hate bullfighting, war, hunting, boxing—staples of Hemingway plots—but those are not what I see when I read his works. A Farewell to Arms is about war, but it also is about friendship, love, sacrifice, and coping with grief when all is hopeless. And while For Whom the Bell Tolls is about the Spanish Civil War, it also is about two young lovers who for one snapshot in time have it all. For one moment, they have a beauty that can never be taken from them. Hemingway created images in crafted strokes and phrases, many of which have become clichés to the point of parody because they were that good at defining a feeling and were completely fresh when penned. “Did thee feel the earth move?” “The world breaks everyone and afterward, some are stronger in the broken places.” “Never mistake motion for action.” “Grace under pressure.” At bottom, Hemingway wrote about healing, devotion to a person or cause no matter the cost, loss, and love. The ending of For Whom the Bell Tolls slays me every time.

3.    Reading Hemingway reminds me that everything is about context. I mentioned bullfighting and hunting big game. Most of us hate both and view them as barbaric. However, as my history professor always said, you have to see behaviors in the context of their time. Those activities were not anathema in 1930. Eighty years from now, the consensus may be that killing animals for food is brutal, and that not having subsidized medical care for all is byzantine, and to not permit assisted suicide is cruel. Different sensibilities frame what we find unacceptable. Context is key, and Hemingway both shaped and was a product of his time like all of us.

4.    And finally, all of our heroes have failings and Hemingway had his share of bad behavior—perhaps more than his share. He was jealous of his rivals due to his own insecurities. He could be a boring part-time bully, particularly when drinking. He was an inconstant husband and a mercurial father. He discarded people who helped him on the way up. And yet–-he was generous to selected friends and writers. He was kind to his animals whom he treated like family members. He was gentle and supportive personally and financially to employees of his Cuban household. He was a mimic and story-teller who presented life in technicolor to his sons. He was truly brave in both wars. He was committed to his craft and even when suffering health ravages including the after effects of two plane crashes, seven or eight serious concussions, and alcoholism, he sat down to work almost every day to write something of value, something new that had never been attempted. There is a nobility in that. Like all heroes from John F. Kennedy to Martin Luther King to Mahatma Gandhi to Winston Churchill, the warts are there along-side the accomplishments. The international braggart jostles for position next to the mid-western artist, alone and unassuming in his writing studio. The serious thinker morphs into a silly prankster in his letters to family and friends. The mean-spirited diva twists into a gracious and humble supporter of others to his own detriment in a sudden pivot. As Hemingway wrote in For Whom the Bell Tolls, “I know now there is no one thing that is true. It is all true.” It is the combination of the dark and the light of the same man that molded the whole. Hemingway was a shapeshifter, like we all are to some degree.

Archibald MacLeish once said that he only knew two men in his life who could empty the air from a room simply by entering it—Franklin Delano Roosevelt and Ernest Hemingway. He added, “Hemingway simply could not stop people from talking about him.” That continues to be true today and is part of why I love Hemingway. The well of getting to know him never runs dry.

Christine M. Whitehead

Lawyer and author of the novel Hemingway’s Daughter

Visit Christine’s official site.

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Juneteenth Image via Rita Azar for use by 360 Magazine

TIDAL x Angela Rye – Triumph Over Trauma

TIDAL, in partnership with influential politico, lawyer and advocate Angela Rye, is announcing the premiere of “Triumph Over Trauma: Black Wall Street Then and Now” – a one-hour long special commemorating the centennial of one of the worst attacks of racial violence in American history: the Tulsa Race Massacre. The special will premiere on Saturday, June 19 at 6 pm ET to also honor the Juneteenth holiday, which celebrates the effective end of slavery in the United States.

The Tulsa Race Massacre devastated the prosperous African-American business community in Tulsa, Oklahoma’s Greenwood District known as “Black Wall Street” and claimed hundreds of lives. Viewers will hear from three living survivors of the massacre – Mother Fletcher, Mother Randle, and Uncle Red – who will discuss memories of Black Wall Street, escaping the night of the massacre, their legacy, and much more. The hour-long special will also feature local politicians, business leaders, Black youth of Tusla, activists, writers, and more reflecting, learning, inspiring, and growing – and most importantly shedding light on untold history.

The special will be broadcast simultaneously on TIDAL’s YouTube channel as well as in-app – both members and non-members alike will be able to view. You can find a preview HERE.

Highlighting the historical moments that impact society is an integral part of TIDAL’s DNA. By celebrating how integral all voices are to culture and community, TIDAL continues its commitment to providing its members with culture-shifting content.

Lil Nas X 'Satan Sneaker' illustration by Heather Skovlund for 360 Magazine

NIKE vs MSCHF

Nike has filed a federal trademark infringement lawsuit against MSCHF shoes that released a controversial customized version of its sneakers “Satan Shoes” with rapper Lil Nas X. In the lawsuit filed today, Nike accused MSCHF Product Studio, Inc. of trademark infringement over the designer’s 666 pairs of modified Nike sneakers made in collaboration with the “Old Town Road” singer. All 666 pairs sold out Monday.

Fara Sunderji is a partner at the international law firm Dorsey & Whitney in its New York office. Sunderji has extensive expertise in all stages of trademark, copyright, clearance, prosecution, maintenance, enforcement, and litigation. Of the lawsuit she says, 

“Nike’s swoosh is probably one of the most recognizable non-word trademarks in the world.  You see it and you automatically think of Nike as the source of the good on which it appears.  This is how trademarks are supposed to operate, as a source identified.  Nike’s case here is pretty simple to understand:  MSCHF is selling Nike Air Max 97’s that have been modified in a way in which Nike does not approve.  People see these “Satan Shoes” and think they come from Nike and some people don’t like that.  Nike, therefore, claims that the release of these “Santa Shoes” is harming its valuable brand,” Sunderji says. 

“MSCHF will likely argue that they are protected under a theory called the First Sale Doctrine, which allows third parties to resell trademarked goods that have already entered the marketplace.  But the doctrine is limited to the sale of genuine goods.  The doctrine is based on the premise that consumers are not being deceived because they are receiving what they have bargained for, the trademarked good. Under Second Circuit case law, goods are not genuine if they do not conform to the brand owner’s quality control standards, and it is easy to guess Nike’s take on this issue – Just don’t do it,” Sunderji says. 

According to NBC News, the lawsuit states “We don’t have any further details to share on pending legal matters,” Nike said. “However, we can tell you we do not have a relationship with Lil Nas X or MSCHF.”

Trademark attorney Josh Gerben of Gerben Perrott PLLC stated to CNN Business that “It’s a legal rationale that grants artists who purchase and repurpose individual copyrighted products the ability to express and profit off their own creativity.”. He also pointed out Nike shoe redesigners like MSCHF commonly sell their work on online marketplaces. “You’ve got all kinds of artists that go out there and they take a shoe, and they’ll do a whole bunch of custom art on the shoe and maybe resell it for $1,000-3,000,” Gerben said. “This is something Nike is well aware of and has done absolutely nothing to mess with because there’s a sneaker culture here.”

Lil Nas X isn’t named as a party in the lawsuit. Representatives for the musician did not respond to calls or emails requesting comment.

The backlash from social media is incredible with thousands of people expressing their opinions with the shoes and the representation they bring:

  •  South Dakota Governor Kristi Noem tweeted “Our kids are being told that this kind of product, is not only okay, it’s “exclusive.” But do you know what’s more exclusive? Their God-given eternal soul. We are in a fight for the soul of our nation. We need to fight hard. And we need to fight smart. We have to win.”.
  • NBA star Nick Young tweeted “My kids will never play Old Town Road again… I’m still debating about wearing Nike after this come Nike a drop of blood for real”.
  • On Instagram, celebrity musician Miley Cyrus shares a photo proudly wearing the controversial sneakers, captioning the post “Can you see Satan?”.

The controversial ‘Satan Shoes’ were strategically dropped after the release of Lil Nas X’s music video for “Montero (Call Me By Your Name)”, which has already been viewed more than 54 million times.

Lil Nas X took to Twitter in his true fashion posting “I spent my entire teenage years hating myself because of the shit y’all preached would happen to me because I was gay. So I hope u are mad, stay mad, feel the same anger you teach us to have towards ourselves.”

Kaelen Felix Land Rover

Does Car Insurance Cover Hail Damage to My Car?

On average, the cost of repair for hail damage to a car is about $2,500

If you recently had a bad storm that damaged your car, you might not have the money to repair the car, especially if you weren’t expecting that extra cost. 

However, in some cases, you could turn to your insurance to help you out. But when does that work? We’ll break down everything you need to know, so make sure you keep reading!

Your Coverage

Before you can submit a claim for the insurance company to cover your hail damage, you’ll need to check your insurance policy first to figure out if you have a hail damage claim.

If you only have liability coverage, then you’re not covered for hail damage. Liability coverage will only protect you if you cause damage to someone else’s vehicle in an accident. 

However, if you have comprehensive coverage, you might be able to submit a claim. This will let you submit a claim to have any damage to your car paid for. This includes things like an animal damaging your car, a tree falling on it, glass shattering, or hail damage. 

If you know that there is a big storm coming, you may not be able to automatically sign up for comprehensive insurance. Insurance companies normally put a hold on when you can sign up so that you don’t do it just for catastrophic events. This is why you should have insurance at all times. 

The Deductible

If you have comprehensive insurance, you’ll likely also have a deductible. This is the amount you’ll have to pay out of your own pocket before the insurance steps in and covers some of it. 

If you have a higher deductible, you might also have a lower premium, so consider that if you’re new to signing up for comprehensive insurance. 

However, if you live in an area where hail storms happen often, you’ll have to figure out whether you can afford the out-of-pocket deductible if you need to submit a claim. 

In some instances, the insurance company might waive the deductible if it affects the glass of your car. 

Your Premium

Whenever you make a claim, it gets added to your insurance record. Every time you submit a claim, it could end up affecting what you pay for car insurance, but that’s only if you submit a lot of claims over a short period of time.

Deciding to file a claim will depend on how much damage you have. If the damage isn’t that bad, it might save you money, in the long run, to just pay for it yourself. However, if your car is going to have thousands of dollars in hail damage and you don’t have the money to pay for it, it might be better to risk the higher premium later on.

How to File a Claim

If you decide that you do want to file a claim for hail damage to car, you should do it as soon as possible. 

You’ll do it the same way that you’ve filed other claims for your car before. Contact the insurance company either on the phone or online. You should do it as soon as the storm is gone.

If it’s a large storm, your neighbors in the area will likely be doing the same thing, so you want to make sure you try and get in as soon as possible to avoid waiting for hours to reach someone. 

Once you actually get to file the claim, the insurance company will send a claims adjuster to look at the damage and figure out how much they will pay you to fix the hail damage. 

How to Fix the Damage

Whether the insurance company decides to help you or not, you’ll still need to then fix the damages. 

If your car is already paid for and the damage isn’t too bad, you could decide to just leave the dents. But if you still have a loan on the car, you’ll need to find someone to repair it. 

For those who did file a claim, the claim adjuster will help you find an auto body shop and get an estimate for the repair. For those who didn’t have the insurance to cover it, you can find your own auto body shop and get quotes on your own.

If you’re going to do that, make sure you shop around so that you can find the best deal possible. 

How to Protect it in the Future

To avoid all of this in the future, you’ll also have to figure out how to protect your car from future hail storms.

If you live somewhere that constantly has hail storms, you should look into preventative measures. Some of them include just buying a car cover to prevent hail damage that you can keep in the back of your trunk. If a hail storm pops up, you can easily pull over and cover your car to help reduce the impact from the hail.

Weather apps can also be useful and send you alerts when a storm is about to pop up. If you have enough time, you should try and find a garage or a covered area to help stop the hail from damaging your car. 

Learn More About Hail Damage to a Car

These are only a few things to know about hail damage to a car, but there are many more tips on how to get it fixed.

We know that dealing with car problems of any kind are a nuisance and can be stressful, especially if you don’t know how to solve it. That’s why we’re here to help you!

If you enjoyed this article, make sure that you explore our website to find more articles just like this one!

Kaelen Felix illustrates divorce story for 360 magazine

What Do I Need to Bring to a Divorce Attorney Consultation?

Divorce is a rocky road, but it’s better to take the bumpy off-ramp to safety than keeping pedal to the metal on a burning highway of a marriage. If you’ve decided to lawyer up for your divorce, you need to be prepared to maximize your time with the attorney by getting your documents in order, asking the right questions, and getting sound legal advice about what you can expect from your case.

Goals for your divorce

Have somewhat of a game plan going into the consultation process. If it helps to write it down so you can get your thoughts in order. Think it over and draft out some ideas in your mind of what you think the best outcome would be. What do you want at the end of this?

Some goals to think about may be maintaining certain assets. Write down what financial outcome you have in mind. Think about shared items and what you want. Who gets the car? What about the dog? 

If you have kids, they are probably at the forefront of your mind right now. Think about how you envision a custody arrangement working out, and then decide what would be best for the children and also as good as possible for you. 

Your lawyer is your confidant, and they will stick with you through the divorce (provided you continue to pay them!). But even though your attorney will advise you, head into the consultation with the mindset and attitude you want to be seen with if your divorce goes to court. With a good mindset and clear head, approach this meeting as a moment to clearly state what you want and how they can help you make it work. 

Questions you should ask

Naturally, you might have many questions before meeting with your attorney. You should write them down ahead of time so you don’t forget to get the answers you need. Don’t be embarrassed about looking at notes while you meet with an attorney. The clearer you are and the more information you provide, the better equipped your attorney will be to help you through this divorce. 

Some of the things you will want to find out from an attorney during your consultation are what you can expect the process to look like and what your attorney is like in the courtroom. Are they an aggressive defender or a calm and steady advocate in the courtroom? 

It’s also important to know what your attorney’s communication style is like. How frequently will they communicate with you throughout the legal process? How often can you contact them and how will they bill you? Find out the costs involved.

In addition to asking questions, you want to bring your honesty to the meeting. Be frank and forthcoming with your attorney about your strengths and weaknesses and ask them how they view your case, your situation, and your likely outcomes. 

Documents, records (evidence!)

When it comes to bringing relevant and important documentation to show your divorce attorney, the more the better. There are a lot of documents that are important to show your attorney and that can be used as evidence on your behalf down the line

Financial records are important, particularly in joint accounts. Remember, you are still responsible for your divorce. This means that while your attorney will help you search for discrepancies in your joint accounts, things that would indicate suspicious withdrawals or payments or transfers, you should also scour these records yourself. 

Any documented agreements with your spouse need to be at the top of this pile too. If you have a prenuptial agreement (prenup), bring it with you as that is a paramount legal document during a divorce. 

Evidence of problems is also important. If your divorce is taking place under particularly messy circumstances, you need to be ready, and your lawyer does too. Threatening messages, abusive voicemails, crazy screenshots, photographs showing illegal or dangerous actions by your spouse, evidence of destructive or violent behavior, all of that needs to be seen by your lawyer so they can provide you with vital counsel. 

Here are all the basics you want to have covered for your consultation:

  • Goals and questions written down
  • Prenuptial arrangements or other written agreements
  • Joint tax returns or income information
  • Bank account records
  • Physical or photographic evidence of wrongdoing, cheating, harm, or abuse

Why you should speak to a lawyer following a personal injury 

Personal injury claims may relate to any injury where the person or company responsible for your physical or mental suffering could have reasonably done more to prevent the injury. There are many different ways this can come about, whether it be a slip in the workplace or a car accident that wasn’t your fault (find a car accident lawyer in the city of Chicago if you have been affected). Let’s look at why you should speak to a lawyer following a personal injury. 

The legal system is complicated

Beginning a claim for personal injury compensation is not as straightforward as you might think. The process is, in fact, multifaceted. For example, the outcome of any claim will be based on evidence – where there is little or no evidence, the courts may not see fit to reward compensation. This means that starting any case begins with gathering relevant evidence. Next, the case must be filed in the appropriate way with the courts, and the other side must be informed of your intention to prosecute. If you don’t have an in-depth understanding of the legal system, speak to a lawyer from https://www.vosslawfirm.com/practice_areas/fire-insurance-claim-lawyers.cfm for more information about beginning a claim for personal injury compensation.

Claims move faster when there is structure

All too often, people believe that their claim for personal injury compensation will, sort of, just, take care of itself, as long as they make their situation known to the person or company responsible for having caused the injury. Unfortunately, you may find that the person or company responsible for having caused your injury is slow to progress your grievance towards a mutually agreeable solution. In essence, you could find that following an initial interest in your well-being, their interest begins to wane, and you could face unanswered emails and unreturned calls. By speaking to a personal injury lawyer, you will be in a position to understand the structure of the claims process, meaning you will be able to stop relying on the other side to do the right thing and you will instead be able to put in motion a meaningful progression towards the outcome you desire.

Challenge the other side’s valuation of your claim

Some people may not realise that when an offer is made by the other side, the quoted settlement figure is not necessarily the final figure that must be accepted. The whole point in the offer is to bring the case to a close, thus avoiding court and therefore keeping costs down (the majority of personal injury compensation claims do not progress to court for this reason). By speaking to a personal injury lawyer who has experience in your type of claim, you stand to learn more about what kind of settlement offer represents a fair valuation of your claim and what kind of settlement offers fall short of bringing your claim to a close.

Lawyers have a greater understanding of what to include in your claim

Your personal injury compensation claim is not limited to claiming for obvious things such as lost earnings and damage to personal property. By speaking to a lawyer, you could learn that, depending on your circumstances, your claim could include factors such as ongoing and future medical bills. Always speak to a lawyer for more information if you are unsure.    

Employee Employment Rights in California

As an employer and employee, there are certain rights and laws that you should familiarize yourself with since these laws impact current, former, and future employees of a company. A lot of lawsuits that companies find themselves wrapped up in involve simple disputes that could have been avoided had everyone known and followed the laws. Both sides need to know the laws when it comes to employee rights and they are constantly changing and evolving to make it better for everyone involved. When employee rights are intentionally violated, one should seek out an employment lawyer

What Are Some of the Biggest Employee Employment Rights in California?

One of the biggest sections of the employee employment rights in the state of California has to do with discrimination. While discrimination is illegal at both the state and federal level, there’s still discrimination happening all over. Even though the Civil Rights Act of 1964 made discrimination illegal, it’s still a huge problem for companies as the rights evolve for certain groups.

  • It’s illegal for a company to discriminate against someone due to their gender or sex. A job applicant cannot be treated unfairly due to their gender identity. In California, this includes the transgender community. Both men and women also should be paid equally for equal work which was mandated in the Equal Pay Act.
  • You cannot be discriminated against for your nationality, race, and religion due to laws established by the Equal Employment Opportunity Commission. The Civil Rights Act of 1965 makes it federally illegal for an employer to discriminate against anyone for these characteristics. An employer cannot hire, fire, discipline, demote, harass, or refuse to hire someone based on race, religion, color, or national origin.
  • An employee also has rights when it comes to disabilities and the Americans with Disabilities Act protects employees with those issues. Employers cannot discriminate against someone with a disability, which includes hiring, not hiring, firing, demoting, or reassigning someone. Reasonable accommodations are expected to be given by the employer, such as more breaks if the person is diabetic and needs medication or needs food. If the person is in a wheelchair, proper parking spaces and accommodations must be made free of charge to that employee.
  • It’s also illegal for an employer to discriminate based on age due to the Age Discrimination in Employment Act. An employer cannot fire or refuse to hire someone due to them being over the age of 40. It’s illegal for any company to fire older employees just to bring in younger ones at much lower pay.

California Wage & Hour Employee Rights

It’s important to note that in California, the wage and hour laws are only applicable to those that are non-exempt. Meaning, if you’re not a full-time employee or you’re an independent contractor, the overtime and meal break laws will not apply. Exempt employees often include those in administrative, professional, and executive roles.

  • Employers are required to pay an employee the minimum wage which changes quite often. By the year 2022, California will make it required that companies provide a $15 an hour minimum wage.
  • You also have the right to receive overtime pay if you work more than 40 hours in one week or more than 8 hours in one day. An employer cannot try to get around these rules by demanding an employee work off the clock. If there are more than 12 hours of work in a day, then the employer has to pay double time.
  • Meal breaks must be given if an employee works for more than five hours in one day and the meal break must be 30 minutes or more. If an employee works over 10 hours in one day, then they will also get an additional meal break of 30 minutes. Rest periods are a right for all employees as well. It’s a right that those within the non-exempt category get at least one 10-minute break every four hours.

Termination & At-Will Laws

California law is that most employees work in an “at-will” category, meaning that an employee can fire you at any time for any reason. The employer doesn’t have to justify the firing but it cannot be termination based on retaliation or discrimination. An example of this would be if someone was fired after they filed a sexual harassment complaint against a co-worker. Being fired for filing that complaint would be illegal. If there was discrimination or retaliation at play in the firing, a wrongful termination lawsuit would be justified. For overtime and unpaid wages, consult with an unpaid and overtime lawyer.

Ruth Bader Ginsburg illustration by Kaelen Felix for 360 MAGAZINE.

Ruth Bader Ginsburg

By Cassandra Yany

Ruth Bader Ginsburg died Friday after her long battle with cancer. The 87-year-old Supreme Court justice was a trailblazer who continuously worked to end gender discrimination and preserve our civil liberties. 

The Supreme Court announced Friday that Ginsburg passed away at her Washington D.C. home due to complications from metastatic pancreatic cancer. She had previously overcome lung, liver and colon cancer. In July, she revealed that the cancer had returned, but that she would continue to serve on the Supreme Court.

Ginsburg’s revolutionary career started when she graduated at the top of her class from Cornell University, earning a Bachelor’s degree in government. Two years later, she attended Harvard Law School with her husband, Martin Ginsburg. There, she was one of only nine women in her class of over 500 students, according to NPR.

During their time at Harvard, Martin was diagnosed with testicular cancer, so Ruth would take notes for the two of them and help him with his work, all while trying to juggle being a new mom. When Martin landed a job at a firm in New York, the family packed up and Ruth finished her education at Columbia University. 

Once Ginsburg finished school, she began to experience the discrimination that came with being a female lawyer. According to TIME, she was unable to secure a position at a premier law firm or one of the Supreme Court clerkships, regardless of the fact that she had been the first students to serve on both the Harvard and Columbia Law reviews, and graduated at the top of her class. These jobs were instead easily given to males who had ranked lower than her in school. This led her to work a lower court clerkship and teach at the Rutgers Law Newark campus.

At Rutgers, she co-founded the Women’s Rights Law Reporter. While she was there, she learned that she wasn’t earning the same wage as one of her male counterparts. The dean attributed this pay disparity to the fact that the male professor had a family to support, while Ginsburg’s husband already had a good-paying job. This type of discrimination caused her to hide her second pregnancy.

After her son was born, Ginsburg began teaching at Columbia, becoming the university’s first tenured female professor. There, she also co-authored the first case book on discrimination law. She later went on to co-found the Women’s Rights Project of the American Civil Liberties Union in 1972.

During her work as a lawyer, Ginsburg established that equal protection under the law, as stated in the 14th Amendment, should extend to gender. She won five out of the six cases that she argued before the Supreme Court on gender discrimination. She often chose to find this prejudice in cases where males were the plaintiffs being discriminated against, as seen in the 2018 film On the Basis of Sex. 

In 1980, Jimmy Carter appointed Ginsburg as a judge in the U.S. Court of Appeals for the District of Columbia. She became the second woman on the Supreme Court, and the first Jewish justice since 1969 when she was appointed by Bill Clinton in 1993. During her time, she eliminated almost 200 laws that discriminated against women. 

Ginsburg also fought for the rights of immigrants, the mentally ill, and members of the LGBTQ+ community. She approved gay marriage in the case of Obergefell v. Hodges, stating that if you can’t deny a 70-year-old couple the right to marriage due to their inability to procreate, you can’t deny a gay couple of that right either.

Ginsburg supported women’s reproductive rights, fighting for the coverage of contraceptives despite anyone’s religious beliefs. At the time of Roe v. Wade, she litigated a case where a pregnant Air Force captain was told she would have to have an abortion in order to return to her job. She noted the hypocrisy present in this case— that the U.S. government was encouraging abortion – and found that it served as a clear example of why women should have the right to make their own life decisions.

Ginsburg’s passing gives Senate Majority Leader Mitch McConnell and President Trump the ability to appoint a new justice, despite her dying wish to not be replaced until after a new president is elected. This opportunity could make the Supreme Court more right-leaning and jeopardize cases like Roe v. Wade that are at the forefront of equal rights movements. 

This comes four years after McConnell’s 11-month Republican blockade of President Obama’s nominee for the court, where he argued “that a president shouldn’t be able to seat a new justice in the final year of their term.” Obama noted this in a statement released early Saturday, where he said “A basic principle of law— and of everyday fairness— is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”

After the news broke Friday night of Ginsburg’s death, hundreds of people gathered outside the Supreme Court to pay tribute and create a memorial on the building’s steps. Many signs have since been left outside of the court honoring her legacy.

New York Gov. Andrew Cuomo announced Saturday morning that there will be a statue built in Ginsburg’s hometown of Brooklyn to “serve as a physical reminder of her many contributions to the America we know today…”

Trump issued a proclamation Saturday ordering flags to be flown at half-staff until sunset on the day of interment “As a mark of respect for Ruth Bader Ginsburg…”

RBG will be dearly missed by Americans on both sides of the aisle. We have lost a longtime champion of equal rights, but her legacy will never be forgotten.