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Sacramento, CA (Law Firm Newswire) December 15, 2014 – Paying day rates to in-home care workers is illegal, as their setup does not make allowances for overtime pay. California AB 241 went into effect more than ten months ago. It is designed to protect in-home care workers from labor violations. However, there are still numerous reports of illegal overtime pay violations in this sector, as well as complaints relating to missed meal breaks and rest periods. The standard practice had been to pay in-home labor day rates, but this became illegal under California’s Domestic Worker Bill of Rights because there […]


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Orange County, CA (Law Firm Newswire) December 12, 2014 – It is important to draft a prenuptial agreement correctly, or it may be challenged later. A prenuptial agreement signed by Anne Dias (Griffin) the night before her 2003 wedding to Citadel hedge-fund billionaire Ken Griffin is coming under fire in their contentious divorce action. Dias Griffin alleges that the agreement was signed under duress a mere three hours before their rehearsal dinner. Last minute prenuptial agreements have the potential to backfire. “If the agreement is successfully challenged,” outlined Gerald Maggio, a respected Orange County divorce attorney, not involved in the […]


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Sacramento, CA (Law Firm Newswire) December 8, 2014 – Waivers are only required if an employer “makes” a worker miss a second meal break, said the California Court of Appeals in Fayerweather v. Comcast Corp. Comcast service technicians spend their days in the field installing phone, cable and internet service systems in businesses and homes. Company policy stated they were to take breaks, fill out a waiver if they skipped their second meal break and accurately track their working hours. Management had no way of knowing if the technicians took their breaks. California workers are filing more lawsuits. Many of […]


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Houston, TX (Law Firm Newswire) November 25, 2014 – Drawn to a strengthening U.S. economy, Indian immigrants formed the largest group of newcomers in 2013. The U.S. Census Bureau has made official what seemed only anecdotally true until now: the number of immigrants to the United States grew in 2013. By 523,400, to be precise. That figure is higher than the 446,800 total recorded in 2012 and represents the biggest single increase since 2006.  As a result of the uptick in immigration, nearly one in six adults living in the United States is now foreign-born. And unlike previous periods of […]


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Sacramento, CA (Law Firm Newswire) November 21, 2014 – There is a backlog of over 11,000 nursing home abuse complaints in California. High-priority complaints received by the California Department of Public Health (DPH) relating to the abuse of seniors in the care of publicly funded nursing homes have been allowed to simmer on the backburner for almost a year. A high-priority complaint is one where a resident sustained serious harm. By law, staff of an elder care nursing home is required to report health changes that may indicate senior abuse. This does not happen often, as many fear the ramifications […]


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Orange County, CA (Law Firm Newswire) November 7, 2014 – When two parents divorce, the grandparents of the children have the right to petition the court for visitation rights. However, according to the official California Courts website, grandparents should consider mediation before pursuing action in court. “There are a number of problems with pursuing a grandparent visitation claim in family court,” agreed Gerald Maggio, an Orange County divorce mediator. “To start, the courts have huge backlogs. And once a case does get to the front of the line, the family is often ordered to see a mediator anyway.” Mediation is […]


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Sacramento, CA (Law Firm Newswire) October 31, 2014 – It does not require rocket science to follow existing California labor laws. SpaceX (Space Exploration Technologies Corp.) is now facing two lawsuits over alleged labor law violations. One suit alleges that the company denied workers breaks and demanded that they work off the clock and through meal and rest breaks because of overloaded work schedules. Allegedly, none of the workers were paid for missed breaks or other off-the-clock work, told to round their hours worked to the nearest 15-minute increment (losing wages in the process), provided with tools needed to perform […]


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Sacramento, CA (Law Firm Newswire) October 27, 2014 – Ebola Patient Zero, Thomas Duncan, sought help at Texas Presbyterian Hospital and was sent home with antibiotics. Scant days later, he died. Two nurses then tested positive for the deadly virus. “A wrongful death case in the making?” asked Sacramento wrongful death attorney, Deborah Barron. “It is a possibility being discussed by his family. Would such a lawsuit win in Texas? California? Hospitals handling Ebola in the U.S. face virgin territory, and no one can state for a fact what the accepted standard of care is yet.” Texas hospital staff and […]


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Irvine, CA (Law Firm Newswire) October 27, 2014 – Who has the right to the engagement ring if an engagement is terminated? Most couples think that when a man presents a woman with a diamond ring, the ring belongs to the fiancée even if the engagement is broken. That is not necessarily the case. In California, there are specific rules dealing with ownership of the ring and the right to its recovery if the couple decides not to marry. “Diamonds may not always be forever,” said Gerald Maggio, an Orange Country divorce attorney. “If an engagement is called off, under […]


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Washington, D.C. (Law Firm Newswire) October 23, 2014 – A San Mateo judge has lifted a stay in a lawsuit that Pacific Gas and Electric (PG&E) shareholders have filed against individual executives at PG&E. The lawsuit alleges that the actions of the executives named in the suit led to a catastrophic gas explosion in San Bruno, California. The 2010 explosion killed eight people, injured 66, and destroyed 38 houses. “This is a unique case, as the executives of public utilities are rarely held liable individually for their actions,” said David Lietz, a wrongful death attorney not involved with the case. […]


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Orange County, CA (Law Firm Newswire) October 22, 2014 – California Divorce Mediators, a divorce mediation practice in Orange County, California, offers dedicated divorce mediation options for couples experiencing extreme levels of conflict. “We believe every couple deserves the opportunity to choose a cost-effective divorce,” said Gerald Maggio, founder of California Divorce Mediators. “By matching the circumstances of a particular couple to the correct mediation process, we can bring even hostile couples through to a sustainable divorce agreement.” According to a study from Pepperdine University, the characteristics of high-conflict couples include constant arguing, quick hostility and verbal aggression. The study […]


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Sacramento, CA (Law Firm Newswire) September 30, 2014 – Collective legal action has not been eliminated in pay disputes in California, but its role has been diminished. Employers may now insist on case-by-case arbitration. “In a highly anticipated ruling, the California Supreme Court has decided that California employers may stop their workers from suing jointly for unpaid wages or overtime and alternatively mandate case-by-case arbitration. In essence, the ruling limited collective legal action in wage disputes,” said noted Sacramento business attorney, Deborah Barron. In a 6-1 ruling, the court indicated that employers may enforce contracts mandating workers to submit all […]


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Sacramento, CA (Law Firm Newswire) September 24, 2014 – California caregivers have filed a class action lawsuit against Kindred Healthcare, Inc. for the company’s failure to pay minimum wage and overtime. “The charges include rest and meal break violations among a plethora of allegations relating to failure to pay overtime and minimum wage,” noted Deborah Barron, a Sacramento business attorney not involved in the lawsuit. “One plaintiff claims that she was denied overtime, and another suggests that she was not paid her full wages for helping an in-home care client.” Kindred Healthcare is one of the largest post-acute health services […]


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Orange County, CA (Law Firm Newswire) September 23, 2014 – In their information about the process of divorce, the California Courts recommend that all couples consider mediation. “It is unsurprising that the California Judicial Branch officially recommends divorce mediation,” said Gerald Maggio, a California divorce attorney and mediator. “Right now, California family court judges are dealing with an enormous backlog of cases. And many are divorce cases that wind up up simply as a division of debts because the couple has spent all of their assets on divorce attorneys.” In the State of California, all divorces take a minimum of […]


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Orange County, CA (Law Firm Newswire) September 16, 2014 – California Divorce Mediators, formerly Orange County Divorce Mediators, has launched a new website dedicated to helping divorcing couples gain a better understanding of divorce mediation. “We want to help families find ways to reduce the cost of divorce and to avoid the damaging conflicts created by traditional litigated divorce,” remarked Gerald Maggio, founder of California Divorce Mediators. “Many divorcing parties are not very knowledgeable about divorce mediation, and that is one reason we have created this website.” Private divorce mediation is a process whereby divorcing parties work with a court-approved […]


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Palo Alto, CA (Law Firm Newswire) August 29, 2014 – A major report from the American Association of Retired People (AARP) has named California a strong performer in long-term care systems for older adults and the disabled. The report, called a “scorecard,” evaluated states on 26 different criteria and then aggregates the findings into an overall ranking. California finished ninth overall and drew top scores in several areas. The state earned a first-place rating on the availability of Medicaid benefits (Medi-Cal) to cover the costs of long-term care. The report also gave California a second-place rating for the diversity of […]


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Sacramento, CA (Law Firm Newswire) August 22, 2014 – California law dictates all workers must be paid for overtime, but employers are frequently ignoring the mandate. “We’re seeing an increase in unpaid overtime and wage lawsuits,” reported Sacramento business attorney, Deborah Barron. “Companies in the unethical habit of violating the laws are not paying workers either overtime or their regular salary.” Interestingly enough, bigger companies seem to flout the law most often. A recent case between Walmart and Schneider Logistics ultimately ended in a $21 million settlement. The suit was launched in 2011, and it represented over 1,800 workers at […]


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Flint, MI (Law Firm Newswire) August 18, 2014 – Scooter taxi services designed to prevent drunk driving have popped up across the country. Scooter taxi services, also known as designated driver services, charge a fee less than double the cost of a taxi ride to pick customers up and drive them home in their own cars. A foldable scooter is stored in the trunk of the client’s car while the chauffeur drives the car to the client’s residence. The chauffeur then leaves on the scooter. “Services like this are a great way to help prevent drunk driving,” said Shaun R. […]


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Sacramento, CA (Law Firm Newswire) August 15, 2014 – In May, Duran v. U.S. Bank National Association came before California’s Supreme Court. The resulting ruling will provide guidance to other courts attempting to decide whether individual employee wage actions may remain certified or if they must be certified as class actions. Duran v. U.S. Bank National Association began as a complaint alleging that loan officers working for the bank were misclassified under California Labor Code § 1171 and deserved overtime pay for work they had done. The trial court certified this case as a class action suit according to evidence […]


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Irvine, CA (Law Firm Newswire) August 13, 2014 – It is vitally important to protect assets when planning to marry. Protective measures do not indicate a lack of trust; they give both parties to the contract control over their future finances. “Many engaged couples are uncomfortable signing a prenup, as they feel it is not romantic and indicates a lack of trust between partners. The truth of the matter is, if you take control of your future financial situation now, you will not be faced with any unexpected surprises if the marriage were to break down,” explained Gerald Maggio, an […]


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