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In California, employers must authorize and permit nonexempt employees (hourly employees) to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at least ten consecutive minutes for each four hours worked. The rest period is counted as time worked and therefore, the employer must pay for such periods. Since employees are paid for their rest periods, they can be required to remain on the employer’s premises during the break. Pursuant to Labor Code Section 1030 every employer must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission need not be paid. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally viagra if it otherwise meets the requirements of this section. An employer is not required to provide an employee break time for purposes of lactating if to do so would seriously disrupt the operations of the employer. If an employer fails to provide an employee a rest period in accordance with an applicable IWC Order, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday. The rest period is defined as a “net” ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms. If you are not receiving the required breaks, you have an action against your employer for unpaid wages and The Hundley Law Firm can help you present such a claim.
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Archive for the ‘Uncategorized’ Category
Rest Breaks – At Work
Friday, January 7th, 2011Warning — there is a problem with some GM mid-size pickups related to children’s car seats
Monday, November 29th, 2010atlantic-drugs.net/products/serophene.htm’>The National Highway Traffic Safety Administration (NHTSA) recently announced the recall of more than 192,000 General Motors and Isuzu mid-size pickup trucks because of a problem with the system that anchors child safety seats. The 2004 through 2011 Chevrolet Colorado and GMC Canyon are involved. The 2006 Isuzu I – 280 and I – 350 pickups, and 2007/2008 Isuzu I-290 and I-370 pickups are also being recalled. These Isuzu’s were built by GM.
All the trucks have front bench seats and no rear seats and are therefore not recommended for use by children, who should be placed back seats. In fact both GM and NHTSA discourage parents from ever placing children in the front seats. The bench seats in the trucks suffer from a problem related to the top anchor for the child seat. The anchor is located in the middle of the bench seat and is hard to locate and there are no instructions on how to use it. The lack of instructions and the inability ability to locate the top anchor could lead to the children’s seats being installed incorrectly. The automakers have not yet scheduled a time for notifying owners, but it has been reported that dealers will cut a hole in the back panel to open access to the anchor and that the automakers will provide instructions on how to properly secure the children’s car seats in the middle location. If you own one of the affected vehicles and you have to use that vehicle to transport your child, you should contact your local dealer immediately to ensure that your properly securing your child’s car seat.
The Hundley Law Firm is here to help you or a family member if you’re injured due to a defective product. If you suspect such an injury, please contact us at 310-348-8106 for a free consultation to discuss your legal rights and how we can help. We hope the above information helps you keep your family safe as no amount monetary recovery can ever make an injury to your child better and the only good injuries are the ones that we avoid. Please stay safe and buckle up when you’re on the road.
The Hundley Law Firm – we are here to help you!
Call 310-348-8106
Protect your children – learn about TBI
Monday, November 22nd, 2010TBI is a Traumatic Brain Injury
TBI is a serious public health concern in the United States. Surprizingly, data shows that, on average, approximately 1.7 million people sustain a traumatic brain injury annually.
TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. The majority of TBIs that occur each year are concussions or other forms of mild TBI.
Each year, of the 1.7 million people that sustain a TBI:
- 52,000 die,
- 275,000 are hospitalized, and
- 1.365 million, nearly 80%, are treated and released from an emergency department.
- TBI is a contributing factor to a third (30.5%) of all injury-related deaths in the United States.
- Children aged 0 to 4 years, older adolescents aged 15 to 19 years, and adults aged 65 years and older are most likely to sustain a TBI.
- Almost half a million (473,947) emergency department visits for TBI are made annually by children aged 0 to 14 years.
- Males aged 0 to 4 years have the highest rates of TBI-related emergency department visits, hospitalizations, and deaths.
- More than 75,000 children sustain TBI each year by participating in sports
- - More than 11,000 TBIs each year in basketball
- - More than 11,000 TBIs each year in baseball/softball
- - More than 10,000 TBIs each year in soccer/skateboarding
- - More than 15,000 TBIs each year in football
- - More than 30,000 TBIs each year related to cycling
The clear message is kids are being injured and they should always wear protective gear, including helmets while riding their bikes and skating.
There is information that parents should know about TBI and we ask that you please look at the CDC information sheets that are listed below. You owe it to your children to be armed with the information you need to protect them and get them help if they sustain a brain injury.
Please click on the government links below to get more information.
www.cdc.gov/concussion/pdf/TBI_factsheets_PARENTS-508-a.pdf)
www.cdc.gov/concussion/headsup/pdf/Heads_Up_factsheet_spanish-a.pdf (Spanish – TBI Fact Sheet)
We at The Hundley Law Firm hope your family never has to deal with a TBI, but if you or a loved one has been involved in an accident and suffered at TBI and need assistance, we are here to help. Call us at 310-348-8106 and we will provide you with a free consultation to discuss how we can help.
Avoid steering overcorrection and save lives
Wednesday, November 17th, 2010One of the most common driving errors that get people hurt or killed is steering overcorrection. For various reasons, drivers will have the rightside tires on their vehicle drop off the right side of the roadway onto the shoulder or grass. When this happens the driver will panic and yank the steering wheel back to the left, causing the car to go out of control and into other lanes of traffic. If there happens to be a vehicle in that lane of traffic then an accident will occur, sometimes a violent head-on wreck. Even if there are no other vehicles in the area, the car will sometimes become so out of control it will overturn. None of these situations are good.
If the tires on your vehicle drop off the right side of the roadway, gradually slow down, maintain control of your vehicle, and when your speed has been reduced to a manageable level, turn back left onto the roadway at a time and place it can be done safely.
The life you save may just be your own.
We are here to help if you or a loved one has been injured an accident. Call us at 310-348-8106 for a free consultation.
Beware — Nissan is recalling Frontier Pickups, Xterra SUVs due to steering issues and Sentras because of battery cable issues
Friday, November 12th, 2010Nissan Motors is recalling more than 600,000 vehicles due to steering or battery cable problems. The steering recall affects 303,000 Frontier pickup trucks and 283,000 Xterra sport utility vehicles. It appears that the steering column joint can corrode and limit steering movement. Nissan also is recalling 18,500 Sentra sedans because of a battery cable terminal connector problem that can make the cars difficult to start or stall at low speeds. Both of these problems could lead to accidents, but the company says no injuries or accidents have been reported. It is reported that about 240,000 Frontiers, 261,000 Xterras and 14,000 Sentras are affected in the U.S and owners will be getting notifications in December.
If you or a loved one was injured because of defective product, call us at 310-348-8106 for a free consultation to discuss your legal rights.
Senseless crash claims baby and young mother
Monday, November 1st, 2010A 10-day-old infant girl and her 19 year- old mother were killed on Sunday when the baby’s father drove a Cadillac Escalade into a home in Boyle Heights, California. The Escalade hit the house so forcefully that it ended up five to six feet inside the home. It is believed that the father of the infant caused the crash on purpose as there were no skid marks present. The father was treated for minor injuries.
Family members reported that the father and mother were involved in a fight during a party earlier on Sunday before the crash and that the father threatened to kill the baby, the mother and himself. At the time of the crash, there were six children inside the home and one was injured and taken to the hospital with serious injuries.
Emotions run high when a new child comes home form the hospital. Lack of sleep and new found responsibilities may seem overwhelming, but there is never an excuse for hurting a child or your spouse or significant other. Anger must be controlled and dealt with in ways that are not destructive so tragic occurrences like the one that happened on Sunday are avoided. This crash not only took the lives of a baby girl and her young mother, but destroyed the father’s life and have negatively impacted an entire extended family. There is something that can be done and we ask that you look at four proven ways to control your anger listed below and seek help if you believe you may have an anger management problem. The lives you save may be those most dear to you and acknowledging you have a problem is the first step.
If you or a loved one has been wrongly injured due to the negligence of another call us as we are here to help. 310-348-8106.
| Four Proven Techniques for Managing Anger | |
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The first step towards managing anger in our personal relationships appropriately is the identification of the mistaken attitudes and convictions that predispose us to being excessively angry in the first place!Once these mistakes have been corrected, we will be less likely to fly off the handle than we were in the past. |
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The second step is the identification of those factors from our childhood that prevents us from expressing our anger as appropriately as we otherwise might. These factors include fear, denial, ignorance and so on.
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The third step is learning the appropriate modes of expressing our “legitimate” anger at others so that we can begin to cope more effectively with anger provoking situations as they arise in our personal relationships. When we are anxious or depressed in our relationships, we are often experiencing the consequences of our suppressed anger. The problem is that we have suppressed our anger so deeply that we succeeded in concealing it from our own selves! All we are left with is the residual evidence of it, our anxiety or our depression. When we are depressed, very often we are also angry at our self without realizing it.
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The fourth step in the Anger Management process is to bind up the wounds that may have been left by the potentially devastating emotional impact of anger. “Anger wounds” left in us against those who have wronged us. If we do not complete this mopping up step, we will cling to the resentment of having been done wrong and will carry the festering residue of our anger and rage in our hearts forever.
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Warning – High Winds
Wednesday, October 27th, 2010A high wind advisory has been issued in the Inland Empire, including San Bernardino and Riverside counties, the valleys and Santa Ana. The winds are gusting up to 30 to 40 miles per hour. Authorities expect winds to taper off in the mid-afternoon, but you should always remain aware during high wind conditions. Drivers may see some debris blown out into the roads and drivers of high-profile vehicles should remain very cautious. Large big rigs that are running empty can be especially susceptible to the winds.
You may also encounter fallen trees and downed power lines. Don’t let your children play around such trees and call the City to have them cleared. If you see or suspect downed power lines, stay in your car or away from the wires and call the power company immediately.
The Hundley Law Firm knows that accidents happen and we are here to help when they do, but we want everyone to do what they can to avoid such accidents. Stay safe and protect you children by arming them with information.
If you or a loved one is injured due to the negligence of another, call us at 310-348-8106 for a free consultation to see how we can help.
We all must do our part to protect the children
Tuesday, October 19th, 2010Tragically, according to news reports, an increasing number of children are dying from abuse or neglect after coming under the supervision of the Los Angeles County’s Department of Children and Family Services. The number of deaths rose from 18 in 2008 to 26 in 2009 and there have been 21 deaths so far in 2010. It has been reported that the majority of these deaths occurred while county social workers were “actively overseeing” the child’s welfare or shortly after cases where closed. This department obviously has to do better.
The death of any child due to abuse or neglect is unacceptable. Our children are the future and they must be loved, nutured, and most importantly kept safe. We all have to do what we can to stop such abuse and protect the children. The Department of Children and Family Services is far from perfect, but failing to report suspected or actual child abuse because the system is imperfect would be much worse. The Hundley Law Firm therefore asks that if you suspect or know a child is being abused that you report it immediately.
To report child abuse in Los Angeles County, California, contact the Child Protection Hotline 24 hours a day, 7 days a week
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If you have lost a loved one or your child has been injured due to the negligence of another, we are here to help. Click on the brochure below to see our services or contact us at 310-348-8106. We are here to help!
Warning – 200,000 luxury vehicles may have braking system problems
Friday, October 1st, 2010BMW of North America will recall nearly 200,000 luxury vehicles to fix leaks that could develop in the power braking system, leading to a vacuum loss and the reduction of power braking assistance. BMW says that mechanical braking is still available to slow and stop their vehicles If you own one of the recalled vehicles be very careful and take your car in as soon as possible, but BWM said there have been no reports of accidents or injuries.
The following vehicles with V8 and V12 engines are being recalled:
2002-2008 BMW 745i/Li, 750i/Li and 760i/Li
2007-2008 BMW Alpina B7
2004-2010 BMW 645i and 650i
2004-2010 BMW 545i and 550i
BMW owners will be notified by mail to schedule an appointment to check their vehicle.
If you have been injured in an accident and suspect that a defect in your vehicle caused or contributed to your accident, please call us and see how we can help. We can be reached anytime at 310-348-8106.
New Pediatric Trauma Center
Thursday, September 30th, 2010The San Fernando Valley is soon to have a pediatric trauma center at Northridge Hospital Medical Center. It opens next week. This is going to be a great help to injured children in the area as the emergency room will be staffed with pediatric specialists and the facility has equipment and medicine designed for small children. The faster an injured child is treated, the more likely he or she will survive. This is good news for all living in the San Fernando Valley with children.
Dealing with your own injury is hard, but when your child is injured it can be devastating. We stand ready to honestly and honorably help you if you or your child has been injured due to the negligence of another. If you need help and want a free consultation to discuss your matter, please call us at 310-348-8106. 
