The Ignition Interlock Device - DUIs in California
DUIs - Ignition Interlock Devices
Firm Articles and Story Blog
Criminal Defense - Arrests in California
An overview of the arrest process in California
DUI - Breath Test
The DUI Breath test
DUI's and the Chemical Test
DUI's, Chemical tests - Blood Tests
Recession and Wrongful Termination Lawsuits
Whistleblower Retaliation, Wrongful Termination and the Recession.
Car Accidents involving Pets
Property damages are recoverable in a motor vehicle accident and the law treats your pets as property. This means that some vet bills will be covered as property damage and may be paid out by the insurance of the negligent party.
DUI's - An Overview
An overview of DUIs in California
Why We Started Our Law Firm; Part 2
Early in this firm's history I published an article titled Why We Started Our Law Firm; Part 1. I did this to introduce ourselves to the greater public, but more importantly to cement the motivations we had for taking this on at all. With several successes under our belt, a proven concept, and no indication that we will be disappearing from the world - I felt it may be appropriate to provide a brief update on Miller Wilmers APC, a Southern California Plaintiff's Personal Injury and Employment Law Firm.
Are Personal Injury Awards Taxable in California?
Personal Injury Awards are generally untaxed, although there are some exceptions to the rule.
California Employee Rights Update 2023!
California's protections for employees have been greatly expanded beginning in 2023. We selected just a handful of these updates which may be some of the more contentious issues between employers and employees moving into the new year.
I Have Been Terminated From Employment but Do I have a Claim?
Employees who have been terminated are often unsure whether or not they have a claim against their employer. Miller Wilmers APC provides notes on wrongful termination to help you determine whether or not you have a claim.
Am I Entitled to My Year-End Bonus?
Under California Law, Bonuses are considered "wages" within the meaning of Labor Code section 200. An employee's eligibility for bonuses is determined by the contract terms of your agreement with the employer, and the Company policies on bonuses.
My Employer is Retaliating Against me for Making a Complaint. How to Handle Whistleblower Retaliation.
California Labor Code section 1102.5 prohibits retaliation against an employee because he or she discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation of state or federal law.
Sexual Harassment - Federal Focus
Statistically, workplace sexual harassment incidents are most prevalent during the holiday season and most often occur at a Company holiday party. Of course, these are issues that persist in the workplace all year, but it is particularly important to gain an understanding now of what to do if you or a co-worker are experiencing sexual harassment in the workplace.
Disability Discrimination and Recession
As we fall deeper into recession, we have found Companies often take this opportunity to remove employees for discriminatory reasons under the guise of necessary labor cuts. As we have previously written about the effect this has on employees over the age of 40, it is important to note that workers considered disabled, or who require accommodations are facing the same mistreatment.
Age Discrimination - Continued
Age Discrimination continues to be a hot topic in Employment law, and we expect it will continue to be as the economy worsens and employers seek ways to reduce costly overhead by removing employees they believe to be over experienced and overpaid.
California Prohibits Employment Discrimination for Off-Duty Marijuana Use and MORE
Effective January 1, 2024, California has passed a series of laws that prohibits employment discrimination based on the use of Marijuana by employees off-duty.
Hit and Run Accidents - What can you do?
Unfortunately, "Hit and Run" accidents are far too common in California. While there may be a way to track down the negligent driver, that is not always the case. Thankfully, your insurance may cover the damages without the information of the other driver.
The Benefits of Early Mediation - Employment Law Edition
Early mediation can be a solid foundation from which to gauge the strength of your case. While most attorneys are not looking to show their cards, in the employment context, it can provide great insight as to how the employer is valuing the case and what evidence they have, if any, to refute your claims.
The Professional Exemption - Salaried Employees. But Are You Really Exempt?
There are many pros and cons to both salaried and hourly employees and a consensus of the people I have known growing up and in my professional life does not seem to weigh in either direction. Salaried employees of course enjoy the security of a guaranteed check, at an amount that can be expected...
On-Call Every Other Weekend. Paid or Un-Paid?
On-Call time can be compensated in some circumstances but the law provides an ambiguous interpretation of what circumstances will necessitate compensation for your on-call time.
Am I an Employee if I Volunteered to be Here? Should I be Getting Paid?
Volunteer work is always noble and should be considered as such. Unfortunately some employers take advantage of the idea of "volunteer" work when they really Voluntold you to work. Volunteer work that is pressured or coerced by an employer should be paid and is not truly volunteer work at all.
Burden of Proof in Personal Injury Cases
When bringing your case to Court, you have what is called the burden of proof, that is, to prove what it is you are claiming occurred and the effect it had on you. In a personal injury matter, this is the burden to prove that the injury was caused by the Defendant, and your damages are as calculated. This article is intended to briefly describe the burden of proof in personal injury matters.
Pregnancy In Employment - Your Protections Beyond Discrimination
At a base level, most employees understand that an employer in California cannot discriminate against an employee due to their pregnancy. However, under California's Pregnancy Disability Act, the Fair Employment and Housing Act, and other California State laws, your rights go beyond the protection from pregnancy discrimination into more specific fringe benefits and individual employee rights.
Sexual Harassment Notes - The Questions Answered
Sexual Harassment in California goes beyond touching and many employees believe that some conduct must be accepted under specific circumstances. This article is mean to dispel some of these myths.
