California Injury Attorney Blog

The San Jose Mercury News reports that the California Supreme Court issued a ruling today that is a victory for those who work for California companies, but live elsewhere. As experienced wage-and-hour lawyers, we want to keep our readers informed about the developments of the law in this area.

In a case involving Oracle (ORCL) which is located in Redwood City, California, and in a unanimous opinion, the California Supreme Court ruled that Oracle employees are entitled to the benefits of the state's overtime and other worker protections. The case was brought by former employees, but applies to current employees as well who are out-of-state residents. Companies cannot avoid the stringent rules in California by hiring out-of-state residents and failing to pay them overtime wages.

In the opinion of the court, California's labor laws with regard to overtime pay are intended to "guard against the evils of overwork." On behalf of the court, Justice Kathryn Mickle Werdegar wrote: "Not to apply California law would also encourage employers to substitute lower paid temporary employees from other states for California employees, thus threatening California's legitimate interest in expanding the job market."

Over the past decade, several former Oracle employees have battled the tech giant arguing that they should be entitled to overtime pay for training the company's customers in other states. The company had previously classified these employees as "teachers" -- in order to make them exempt from the stringent requirements that protect California workers with regard to overtime compensation.

The company said they should not have to pay these workers when the states they were providing the training in did not protect workers in this way. Several years ago, the company settled these claims, and began to pay workers acting in this capacity for overtime. But the California Supreme Court weighed in on this issue at the request of the federal court and this ruling could well have a positive impact on companies.

The ruling sends a clear message that companies should not try to avoid paying overtime wages by classifying workers erroneously. This decision is a step in the right direction for worker protections in our state.

The California wage-and-hour lawyers at Hersh & Hersh have litigated many significant cases on behalf of employees who have been harmed by their employers with regard to proper payment for overtime and other labor law violations. If you believe your employer is not paying you fairly, please contact us for a free consultation about your situation.

The consumer protection lawyers of the California Injury Attorney Blog have been at the forefront of the call for crib safety. Our law firm handled the 2005 infant death case that involved a Simplicity drop side crib -- that case ultimately led to a recall of over 1 million drop side cribs and the ban on them that has just gone into effect across the country.

As personal injury and wrongful death lawyers, we have represented the parents and families of infants who have been injured, or have tragically died, due to defective and dangerous products such as cribs, basinettes and crib bumpers.

The implementation of crib safety standards is a step in the right direction for infants and families throughout the country. Last December, the United States Consumer Product Safety Commission approved new crib standards that are mandatory and have now gone into effect.

No longer will consumers have to worry about visiting a retail store and unwittingly purchasing a crib that does not meet the new standards. All "importers, distributors, manufacturers, and retailers must offer only cribs that meet the CPSC's new and improved full-size and non-full-size crib standards."

Parents and families must still be vigilant to avoid purchasing unsafe cribs at garage sales or on-line on sites where they might find a "good deal." Hand-me-down cribs that are passed through families that do not comply with these standards should be sent to land fill. Be informed about what you are buying or receiving as a gift from a family member. These "heirloom" cribs and basinettes can be the most dangerous gift you have ever accepted as a parent.

The new mandatory rules for cribs include such requirements as the strengthening of crib slats, new hardware that is stronger, prohibition of manufacture and sale of drop side cribs and better safety testing. These new and more stringent safety standards will also apply to hotels, child care centers and other facilities in late 2012.

We have been involved in the recalls of dangerous infant products and we are in good company. More than 11 million dangerous have been recalled by the CPSC over the past five years. That's right, 11 million. We'll let that number sink in for a minute.

Dangerous drop side cribs, defective bassinettes and crib bumpers have been associated with many suffocation and strangulation infant deaths in the past decade. We know this because we have had the grieving parents, grandparents and family members as clients after a tragedy involving defective and dangerous infant products.

Important Contact Information

If you believe your child has been injured by a defective crib or other product, please contact the California personal injury and trial lawyers at Hersh & Hersh. We will provide a free consultation with one of our experienced trial lawyers.

The United States Consumer Product Safety Commission cautions the American public gearing up for July 4th celebrations and has issued a warning about sparklers, bottle rockets and small firecrackers. These small celebratory fireworks can be deceiving in that their size leads us to believe these are harmless. As California injury attorneys, we want you to know that they are not harmless.

In 2010, nearly 2,000 consumers visited emergency rooms due to injuries from these small fireworks in the 30-day period prior to the holiday. And over 8,500 were injured and visited hospital emergency rooms during that year due to both legal and illegal fireworks.

Overall, there were 6,300 reports of injuries from fireworks and the hands, face and head were most likely to be harmed. Many of these injuries involved small fireworks such as firecrackers, bottle rockets, and sparklers. Even more worrisome is the fact that fireworks injury statistics show that often victims are under the age of 15 in 40 percent of the incidents.

The CPSC says that it is very important that you and your family know which fireworks are legal in your state. In addition, do not assume that a small firecracker is safer because of its size. It isn't. The seriousness of this warning cannot be overemphasized: the CSPC experts say that parents need to know the dangers of these devices and do not allow children to light or to play with them.

If you would like to see the live demonstrations on the dangers of fireworks, click here. They are a sobering reminder of the dangers of these devices.

The CPSC held a demonstration on the National Mall last week to demonstrate its commitment to stopping the manufacture and sale of illegal fireworks. The CPSC is collaborating with many other federal agencies to enforce "fireworks regulations, prosecute manufacturers and distributors of illegal fireworks, and educate the public about the risks associated with such fireworks."

Please check with your local California law enforcement agency regarding their regulations with regard to the timing and use of fireworks. Many areas are publicizing information on the legal use of fireworks so that the public can be forewarned as the police activity and law enforcement's intentions with regard to July 4th celebrations.

The following safety tips are recommended to help avoid serious injury:

1. Do not allow young kids to light or play with fireworks

2. Do not purchase fireworks packaged in brown paper as this is the way these devices are packaged for professional use and you could be buying something dangerous.

3. Do not leave children unattended, even with sparklers, which burn at very high temperatures.

4. Do not allow your body to be directly over a fireworks device when lighting it and back up immediately after it is lit.

5. Do not re-light a device that did not fully ignite.

6. Do not point or toss a device at another person.

7. Always have water or a hose on hand.

8. Do not carry fireworks devices in your pocket or in a metal or glass container.

9. Make sure fireworks are legal in your area before buying or using them.

As California consumer attorneys, we seek to inform the public on the safety of devices and products. Please contact our law firm if you have been injured by a product or device or have otherwise been injured in an accident. We provide free law consultations with an experienced lawyer who will evaluate your case or situation.

Last week the Ninth Circuit Court of Appeals issued a ruling in a major wage-and-hour class action which could impact many employee - litigants. The court reversed the trial court's issuance of what is called partial summary judgment in a major wage-and-hour case. As experienced wage-and-hour lawyers, we want to keep our readers informed about the latest developments in the law regarding employee rights to pay.

In a case called Campbell v. PricewaterhouseCoopers, LLP (PwC), which can be found on the court's website, two thousand unlicensed junior accountants brought a wage-and-hour class action against their employer, PricewaterhouseCoopers LLP (PwC). The unlicensed accountants contended that PwC had failed to comply with mandatory over-time pay requirements under California law and had not paid them for hours worked in this category.

The lower court issued a partial summary judgment finding that PwC could not exempt these accountants from the over-time pay requirements. Partial summary judgment and summary judgment is a procedure that enables the parties to "dispose" of issues before a case is tried and to streamline or decide the case. In this case, the partial summary judgment was in favor of the accountants.

PwC filed an appeal to the partial summary judgment and the Ninth Circuit had before it the following issue: whether or not "unlicensed accountants in California are categorically ineligible, as a matter of law, to fall under two state regulatory exemptions from mandatory over- time: the professional exemption and the administrative exemption."

The court determined that the accountants are not exempt as a matter of law. The court held that the "district court erroneously rejected triable defenses under both exemptions at summary judgment" and reversed the lower court's decision. As the case moves forward in the trial court, the issue of whether the unlicensed accountants should receive overtime pay will continue to be litigated and we will be watching this case for further developments.

Our law firm has litigated many cases on behalf of employees who have not received their proper wages because their employers claimed they were not entitled to over-time and other pay. Often employers attempt to classify employees in a way to avoid paying these, and other, wages.

If you, or someone you know, is working in a company that might be avoiding the payment of wages that are required by law, you can get help. Many employees have secured the pay they are actually owed by fighting their employers and winning. Although every case is different and the issues in every case vary, we have litigated wage-and-hour cases and have helped many employees overcome these obstacles in receiving their rightful pay.

If you are working long hours and you believe you may be entitled to overtime pay, please contact the San Francisco wage-and-hour law firm of Hersh & Hersh for a free evaluation of your situation. We have experience helping workers get the pay to which they are entitled and we can evaluate your rights at no charge to you.

As California injury lawyers, we want our readers to be aware of a potential injury hazard that comes along with spring and summer outdoor fun. A recent accident in New York shown on news outlets around the country has caught the attention of viewers and highlighted the potential dangers of large inflatable slides and houses, also known as "bounce houses."

A Long Island spring party turned very dangerous when one of these houses pulled away from its moorings and became airborne. There were no children in the inflatable toy or two-story slide when this happened, but many were injured. One woman was seriously injured and 12 others sustained more mild injuries. Parents were stunned when the toy began to fly into the air, many of them previously unaware of the potential for danger.

The Associated Press reports that this is not the first time such an accident has happened with these bounce houses. They say about 10 have been "toppled by winds or collapsed under too much weight in the past two months, injuring more than 40 people" - this information was located on RideAccidents.com.

According to an industry expert that spoke with the AP for their article, it is way the inflatable houses are set up that creates the risk, as well as supervision. Apparently, the experts know that bounce houses can be dangerous.

Those who sell or rent the inflatable toys are not regulated and very few states have any requirements regarding them. Some require insurance and a few require training.

The woman who was seriously injured in the New York incident, was hit by one of the flying toys. The local DA plans to investigate the accident. But the AP report noted that the devices seemed to be secured properly and there were operators attending to each of them. However, a gust of wind blew them off their moorings.

The Consumer Product Safety Commission (CPSC) reported several years ago that the bounce houses can result in injury and warned that they must to be anchored correctly, with operators managing them closely. Please be aware of the need for expert set-up for these toys. Also it is highly recommended that you ensure the toys are supervised at all times. In the case of two-story slides, the CPSC recommends two people to supervise the use of this toy.

The San Francisco law firm of Hersh & Hersh has a long history of improving the health and safety of the consuming public. We have a long and stellar history of creating those protections for victims of injury. If you have any questions about your rights or legal representation in a personal injury or related matter, please contact our California office to speak directly with one of our attorneys.

The Centers for Disease Control recently published a list of the states with the highest cost of fatal motor vehicle crashes. California has the dubious distinction of being first on the list -- and as lawyers who represent those impacted by serious accident, we know full well the costs to victims of these tragedies as well as to their families.

The total estimated cost of these accidents in $41 billion -- and half this cost is from only ten states. California's $4.16 billion in costs for medical and work losses exceeds all other states. We are followed by Texas, Florida, Georgia and Pennsylvania.

The findings were based on data from 2005 -- the most recent available. The reason for the high costs is not explained in the findings, but it is clear that the costs of fatal crashes is very significant and in the opinion of the CDC, preventable. The CDC has issued some safety recommendations along with the findings.

The CDC noted that nearly $856 million in costs were associated with crash deaths of children and teens. Recommending compliance with child safety laws and graduated licensing laws as a way to lower fatalities for children and teens, the CDC is urging states to "strengthen and enforce these laws ... to protect young lives."

Four recommendations were made overall to bring the medical and work loss costs down: 1) primary seat belt laws are in place, but need to be enforced because they are proven to lower the risk of death; 2) child passenger safety is critical to the safety of young passengers; 3) graduated licensing for teens has also been shown to lower risks by 40% the risk of teen car crashes for drivers who are 16 years of age; and 4) the use of motorcycle helmets and laws requiring them, have a major impact of saving lives reducing deaths by one-third and the risk of brain injury by nearly 70 percent.

As California personal injury lawyers, Hersh & Hersh has represented the families of victims of fatal car crashes on behalf of their deceased loved ones. If your family has suffered such a tragedy, please contact our offices for a free consultation with one of our experienced trial lawyers. We are here to help you and your family.