James E. Nobles.

Have you ever been in a car accident or a slip and fall accident? Are you an employer and unsure about labor law matters that could directly affect your business? Are you an employee concerned about your rights as an “at will” employee? If any of the above relates to you, read on.
I advise all of my clients to carry a cellular phone with photographic ability or a disposable camera. When taking pictures, you want to photograph the vehicles up-close, at medium range and at long range (a shot which includes both vehicles and some of the immediate surroundings). Injuries, clothing and other damaged property should also be photographed. The police should also be called so that a report is filed naming the party at fault. Seek medical attention immediately if your injuries warrant it. The law requires that insurance and drivers license information be given to the requesting driver. Contact an attorney before talking to the other party’s insurance company.
Most of the above advice applies to slip and fall accidents as well. Make sure that you photograph (with your cell phone… remember?) the substance that caused you to fall and the surrounding area. Also request a copy of the accident report. Now let’s discuss a few key areas of employment law.
Do you have exempt and non-exempt employees? For the last few years, this area of employment law has seen a meteoric rise in the number of lawsuits against employers. Under California law, exempt employees are not entitled to overtime and not protected under the meal-break, rest-break laws. Exempt employees must make at least $33,200 a year and spend at least half their time on non-manual exempt functions. This means that your exempt employee must perform work directly related to management policies or general business operations of the employer or be an executive or licensed professional. California has three basic categories of exempt employees: they are executive, administrative and professional. There are also exemptions for computer professionals. If an employer misclassifies an employee, it could be very costly in damages and penalties for the employer.
Non-exempt employees are also entitled to a minimum ½ hour, unpaid meal-break if the employee works at least five hours. The employee is also required to be given a 10-minute paid break for every four hours worked. With certain exceptions, California law and public policy vigorously enforce these labor laws. To be on the safe side, contact an employment lawyer for a consultation whether you are an employee or employer.

You may contact attorney James Nobles at the Law Offices of James E. Nobles at (818) 284-3159 for a free consultation.