It is generally assumed that only mothers can obtain full custody of the children.  This false assumption has led many fathers to forgo their opportunity to seek full or primary custody of their children.  In reality, fathers can obtain full custody if they can meet the required burden of proof.  If there has never been a custody […]

Various federal and state laws protect disable workers and require employers to provide reasonable accommodations to their employees. Under federal laws, Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (the “ADA”) require any private employer that has an employment relationship with fifteen (15) or more individuals for each working […]

What happens when you have a court order granting you certain custody or visitation rights but your former spouse has fled the state with your child?  When you are faced with this situation, it is possible to enforce the out-of-state order but it largely depends on the law of the state where your former spouse […]

What is the new California online sales tax? The new California online sales tax is making huge headlines across the country due to the fact that two major online retailers, Amazon and Overstock, have severed ties with their California affiliates as a way of protesting against the new law. Amazon is banking on a 1992 […]

What is a disability access claim (lawsuit)? A disability access claim arises under the Americans with Disabilities Act (ADA) and its California counterpart, the Unruh Act, which prohibit discrimination in public accommodations based on disabilities.  Among other types of business, restaurants and retail establishments are the main targets of many disability access claims.  A litigant named Jarek Molski […]

What is a Corporation? A corporation is a separate legal entity controlled by the shareholders of the corporation.   Shareholders nominate and select officers, such as CEO, CFO and Treasurer, to run the corporation.  A corporation must follow corporate formalities by holding annual meetings, keeping minutes and recording all share transfer transations.  More information on how to satisfy corporate formalities, see […]

The U.S. Department of Labor has issued a final rule on the use of the tip credit under Section 3(m) of the Fair Labor Standards Act (FLSA).  Tip credit is the amount of hourly wage that a restaurant owner can add to the hourly wage actually paid to a tipped employee in order to satisfy […]

On May 26, 2011, the United States Supreme Court issued a landmark decision holding that states and local governments can impose sanctions on businesses for the employment of unauthorized immigrants. The decision can be found here.  http://www.supremecourt.gov/opinions/10pdf/09-115.pdf.  The decision resulted from a lawsuit brought by the Obama Administration in federal court which alleged that federal immigration […]

Paternity litigation refers to disputes concerning the identity of a child’s father.  For mothers, establishing paternity is the first step to enforcing a father’s obligations to the child, including payments of child support. For fathers, establishing paternity is the first step to seeking custody and visitations rights.  There are various ways of establishing paternity (or parentage) but below […]

“Pro per.” Many people believe that being “pro per” or self-represented is the best way handle their legal issues without having to pay for an attorney.  While some pro pers got their day in court, like this guy, http://calapp.blogspot.com/2011/03/mccollough-v-johnson-rodenberg-lauinger.html, this is a rarity.  An individual with legal representation is much better off in terms of obtaining […]