Discover the expert in you.
Discover the expert in you.
The global positioning system continues to live up to its name with satellites that orbit the earth twice daily, sending signals that affect private, professional and governmental lives -- and there's no sign of GPS slowing down. The U.S. government continues a modernization plan to launch new GPS satellites and create new signals and, as GPS has become more a part of daily routines for people, the potential for GPS abuse has been that much greater.
There's a lot more to being a business manager (or owner) than knowledge of a specific industry. Understanding economic principles can be essential to business managers regardless of what a company actually does. Consumer surplus and diminishing marginal utility are economic concepts related to the benefit consumers get when buying products and services.
Bankruptcy is legal action that allows individuals or corporations in debt to start anew or organize their debts in a manageable fashion. There are three common types of bankruptcy – Chapters 7, 11 and 13. Each has special rules and requirements. Bankruptcy is regulated by federal law and cannot be filed in state court. District courts oversee bankruptcy actions, and each district establishes local rules. Despite the fact that district courts, such as those in California, establish specific rules relating to filing motions, the motion to compel abandonment is a particular motion that is overseen by the federal bankruptcy rules.
The laws in California that dictate the number of people allowed to live in a home fall under the fair housing acts. However, the state doesn't set guidelines for housing occupancy restrictions. Instead, a landlord must make a judgment call of his own to determine a suitable occupancy for his rental property. A landlord can't use these limitations to discriminate against a specific group of people.
Crocodiles are a source of fascination, most likely due to their prehistoric appearance. With deceptive speed, the reptiles can overtake prey and either wrestle it into submission or swallow it whole. Crocodiles prefer warm, moist climates, and despite their angry and aggressive temperament are sometimes kept as household pets by exotic-animal lovers. California law defines crocodiles and other reptiles as wild animals and generally prevents state residents from possessing them.
Smoke detectors save lives; they warn people when fire is near. Sadly, though, the National Association of Fire Protection says each year nearly two-thirds of home-fire deaths in the United States are the result of absent or non-working smoke detectors. Many communities have laws requiring the installation of hard-wired or battery-operated smoke detectors in homes and businesses. In California, residential buildings must have operating smoke detectors. Hard, electrically-wired smoke detectors must have battery backup systems.
California curfew laws exist to keep minors safe during the day and nighttime hours. Teenagers who wander the streets of California unattended by an adult may be putting themselves at risk of danger. Police departments are charged with the responsibility of keeping minors safe and ensuring that teenage curfew laws are adhered to.
The famous lyrics "this land is my land, it is not your land" may not always ring true for a property owner in California. If another party has a legal easement, or usage right, on a part of the property, then the land technically belongs to both parties, although only the principal owner would hold the title deed. But in instances where you, as the easement owner, believe the principal owner has wrongfully encroached upon your easement, you might be justified in filing a trespassing claim. Much depends on the nature of the easement and encroachment.
Your individual retirement account (IRA) is a special savings account that allows you to invest money for retirement, deferring tax on any investment gains you earn until you begin to withdraw the money. Because your IRA money is intended to be used to support yourself and your dependents when you retire, it has some protections against creditors and others who might sue you in court. However, in the state of California, IRAs do not have complete lawsuit protection.
Double jeopardy protection in the United States legal system stems from the Fifth Amendment to the U.S. Constitution. Double jeopardy states that no one person will be tried for the same crime. Most state constitutions, including California, guarantee this right as well. Double jeopardy laws in California are quite clear, but there are cases that have tested it.
Bouncers are security workers typically employed at establishments such as nightclubs and bars. They help to maintain the safety of patrons, or check identifications to assure no minors enter a club for those 21 and older. While there is no nationwide licensing requirement for bouncers, some areas are initiating laws requiring bouncers to undergo formal training.
Experiencing any type of injury or disability can be devastating, and one that permanently prevents you from working can put your financial future at risk. But depending on your injury, California has both state and federal regulations that can help you receive a certain disability retirement amount, allowing you to meet your financial expenses without having to worry about your inability to work.
When you die without a will or trust in California, you are deemed to have died “intestate.” What happens to the estate and who takes the role of executor depends on certain variables about your marital status and the size of your estate. Smaller estates are not as complicated as more sizable estates. California's Intestate Succession law determines how to divide your assets if you die without a will.
Conservatorships are established when an individual (conservatee) has a need for another person (conservator) to take control of his financial and health decisions. In California, the Lanterman-Petris-Short Act of 1967 created conservatorships under the Welfare and Institutions Code to protect certain individuals. California's Probate Code also addresses conservatorships. Both codes allow for conservatorships to be created for either the person or his estate. Once these conservatorships are created, they last for at least one year. However, there are some situations when a conservatorship can expire. These situations include the death of the conservatee or conservator and the recovery of the…
In California, marriages can end in one of three ways: divorce, legal separation or annulment. If you decide to get a divorce, you will need a lawyer to help you through the lengthy and complicated process. Many lawyers, offer pro bono (free) services to needy clients. In addition, California courts also offer special assistance to clients pursuing family law matters. These resources will help you navigate the California divorce process in a relatively smooth manner, but you should always contact a lawyer to answer your questions and represent your interests.
The California Division of Labor Standards Enforcement within the Department of Industrial Relations administers the state's wage and hour laws pursuant to the California Labor Code. California's strict overtime laws prohibit employers from requiring their employees to work in excess of eight hours per day or 40 hours per week without paying them overtime. Exemptions are made under state or federal overtime laws. As an at-will employment state, California employers can require their employees to work overtime.
California labor and employment laws are among the most complex in the United States. The state's laws on minimum wage and overtime compensation differ significantly from the federal Fair Labor Standards Act (FLSA). Therefore, it's in a California employer's best interest to double-check employment and compensation policies regarding minimum and maximum hours for salaried employees before blanket application of federal laws.
To create a California corporation, you must file articles of incorporation with the Secretary of State's office. The articles remain in effect until the corporation ceases to exist or unless amended by the corporation's shareholders or board of directors. The California Corporations Code specifies the various situations in which the articles of incorporation are amended and the manner in which an amendment is approved and made effective.
Joint tenancy involves two or more people who share an undivided ownership interest in the same piece of real property. Each individual involved, known as a joint tenant, has an equal share of ownership in the property and the equal right to retain or dispose of the property. It is helpful to understand California law for adding a joint tenant to refinance a property.
When spouses divorce, one spouse may attempt to hide or frivolously spend marital assets in order to keep them from the other spouse. In California, this is called the dissipation of assets. California does permit a judge to appoint a receiver to find and/or prevent dissipation. A spouse who does wastefully spend assets may find that he is penalized during the judge's distribution of marital assets.
In California, all property and debt acquired during a marriage are assumed to belong equally to both spouses as community property and debt. As a practical matter, you cannot divide the debt between the parties without also dividing the property. The court will take the property assigned to each person and subtract the debt assigned to each person to come up with the remainders. The remainders of each spouse's property minus debt should be equal. If you want to divide your own property and debt to present to the judge, you can.
It becomes necessary to dissolve most business partnerships sooner or later. A business partnership in California is dissolved when a partner dies or retires or when a dispute between partners arises that cannot be resolved. California's secretary of state only requires one set of forms to dissolve a partnership, but a business is also responsible for notifying the public and clients about the partnership's dissolution.
Divorce can take a dramatic emotional toll on both spouses, as well as any children that the spouses have together. It can also have a significant financial impact on both spouses -- divorce expenses, alimony payments, child support and the necessity of both spouses to manage separate households may force one or both spouses into bankruptcy. If you are California residents and your husband opts for bankruptcy before the divorce, his decision may affect you in several ways.
A deed in lieu of foreclosure is a way to get rid of an unaffordable mortgage. If the lender consents, you give it the deed in return for wiping out the debt. If the house is worth less than the mortgage, your lender may be able to sue you for the deficiency. California's anti-deficiency statutes prevent that in some cases.
The California SUI tax is a quarterly employer payroll tax, and the funds provide unemployment benefits to workers who experience an involuntary job loss. The California SDI tax is an employee payroll tax. SDI deductions provide short-term benefits to California workers who cannot work because of a medical event that is not work-related. The California Employment Development Department (EDD) administers the programs that receive funding from California SUI and SDI tax proceeds.
Most credit card companies forbid retail merchants from surcharging customers for the use of a credit card. Not all states have laws forbidding these surcharges, but California does. The goal of the California legislature in enacting these laws was to protect consumer rights and guard consumers from deceptive credit practices.
Payroll taxes take a big chunk out of wage earners' paychecks every month and restrict the standard of living of millions of workers. Yet, many employees are unaware of what these taxes pay for and the high cost of federal and state programs. Because each state generates tax revenues differently, the amount of payroll taxes collected can vary widely and influence a person's decision to move to a particular state. .
The California Division of Labor Standards Enforcement is responsible for administering the state's employment laws. The California Labor Code requires employers to pay their employees for all time worked, including travel time. California law requires employers to pay their employees for any compulsory travel time if it exceeds their normal commuting time. According to the California Labor Code, work hours may include travel time.
An escrow account is an account in which money is deposited to ensure payment of various expenses. It is common in the real estate sector, where mortgage holders are required to have an escrow account for payment of property tax to the government and for other expenses that may be specified by the mortgage agreement. In the state of California, escrow law is found in Division 6 of the Financial Code. The law gives guidelines on how escrow accounts can be operated and the rights and obligations of all parties in the agreement.
In California, a creditor can file for a default judgment in civil court if the defendant does not respond to the complaint in a timely manner. The clerk of court has the power to review and enter default judgments in certain cases, but complex cases necessitate a judge’s ruling.
California's food tax laws often leave consumers bewildered and wondering why they pay different prices for the same meal. To see California's confusing food sales tax in action, just stop at a cafe with dine-in and to-go menu options. Eat on the premises and you'll pay one price for a meal, but order the same meal to go and you or may not pay more, based on whether the food is served hot or cold.
The U.S. Department of Labor, Occupational Health and Safety Administration advises that automatic fire protection systems significantly reduce the risk of personal injury and property damage from fire. Smoke detectors detect visible or invisible smoke particles and signal an alarm to alert building occupants of a fire hazard. The Ohio Building Code, and the Ohio Fire Code set out the rules and regulations governing electrical fire safety protection systems, including smoke detectors, in new buildings and existing structures. Commercial buildings may also be subject to the OSHA standards regarding fire protection systems to safeguard employees.
Since the 1920s, wolves have been virtually nonexistent in the California wilderness. Despite a hospitable environment, wolves generally seem to have been content living in states to the north and east. Also, federal agencies have not acted to reintroduce wolves to California, as has been done with various animal species in other national parks. State officials have had to deal with domesticated wolves, though, as people seek permission to keep the creatures as pets.
Bank accounts titled payable on death to a beneficiary supersede a will under California law, as well as many other states. This is also true of brokerage or mutual fund accounts titled as transferable on death. Titling assets in this way is a common method of avoiding probate on particular accounts. Unlike an account jointly held with right of survivorship, the beneficiary is not a co-owner and cannot touch assets until the account owner's death.
When buying or selling a home, the California escrow process is the most common procedure used to transfer the ownership of the property. This process is often confusing, especially to new home buyers, but basically it is an instrument used to protect both buyer and seller until all the instructions in the buyer-seller contract are followed. Under California law, an escrow may be canceled if certain provisions are met.
The state of California imposes sales and use taxes on a wide variety of retail purchases. In fact, together with income and property tax receipts, the sales and use tax represents a signficant source of revenue to California state and local governments. Retail purchases of jewelry, gems, precious metals and watches are subject to sales and use tax in California.
The Workforce Investment Act (WIA) is a federal program administered through the Department of Labor and designed to provide supplemental funding to states for employment training. California WIA laws fall under the purview of that legislation. The program mandates that the governor appoint a state Workforce Investment Board (WIB) and give authority to local Workforce Investment Boards (WIB) to develop plans for a viable workforce. They are responsible for tasks, such as projecting employment opportunities, procuring training providers and overseeing “One-Stop” centers, the umbrella for all aspects of career development. “One-Stop” centers must have at least three of the mandatory…
The California Civil Code codifies the state's landlord and tenant laws. The California Department of Consumer Affairs, the Department of Housing and Community Development and the Attorney General's Office all have the authority to enforce the state's landlord and tenant laws. Although California law limits a landlord's ability to collect and retain his security deposits and limits the amount of rent he can charge, it does not require him to provide grace periods before collecting late fees.
California takes forgery seriously and penalizes forgers with incarceration, fines, restitution and community service. Depending on the purpose and manner of a forgery, it might be part of a larger fraud issue that comes with additional consequences. Unfortunately for an owner, a forged vehicle lien requires legal steps and actions to resolve and usually creates hassles and burdens. Nonetheless, an honest soul can prevail and take advantage of California law to punish a forger.
Marital fidelity, as of August 2011, is still a marital requirement written into California law. According to section of 720 of California's Family Code, "Husband and wife contract toward each other obligations of mutual respect, fidelity and support." In spite of this contractual obligation, however, marital infidelity is entirely legal in California.
In California, the California Family Code establishes the presumptive child support obligations for divorcing parents. Typically, California courts will not automatically recalculate a parent's child support obligation if he remarries. A new spouse's income does not usually have an effect on her spouse's existing child support obligations to his former spouse. However, in limited circumstances, California courts can require parents to pay additional support based on their spouses' incomes.
Divorcing spouses are required to divide their property and settle their debts before they can obtain a final dissolution of divorce. Spouses who are unable to divide their debts between them can ask for a court's assistance. Courts will divide their debts using their state's divorce and property distribution laws. California is a community property jurisdiction, and courts are required to follow the state's community property laws when dividing property. In community property states, marital property does not include inheritances.
As a California employer, you must withhold and deduct State Disability Insurance, or SDI, tax from your employee's paychecks. The deduction is mandatory and your employees may not waive the requirement to contribute to the fund. Californians who become disabled by a non-work related incident may apply for and receive supplemental benefits from the SDI fund. You must pay the SDI tax you withhold from employees to the California Employment Development Department, or EDD, each quarter on Form DE-9.
California changed its tax-withholding amounts in 2009. The increase applies to withholding rates only; the income tax rates did not increase. While the extra withholding may not seem like much -- $17.59 per month for a single person making $51,000 per year -- over the course of a year, the extra withholding can become expensive. Adjusting your state withholding is a way to limit the amount of the interest-free loan that the state makes you give.
The California Penal Code identifies child endangerment as a serious criminal offense. The penalties for a conviction of child endangerment are severe, including imprisonment, fines and probation. The offense level and penalties vary for each case, according to the severity of the potential for harm, whether or not actual harm occurred and the criminal history of the offender.
Florida has consumer protection laws written into its statutes. Many of the statutes cover specific businesses and business activities. The 72-hour law applies to building contractors and real estate developers. The law protects consumers by specifying how these businesses should handle customer deposits for the purchase of a residence.
You've done the hard work of completing years of formal education and have passed all of your state and national professional board exams. Perhaps you've worked for someone else for a while and now you've decided that self-employment is the route you want to take. Depending on your state's laws, consider forming a Professional Limited Liability Company (PLLC ). A PLLC -- also known as a P.L.L.C. or a P.L. -- is a business entity that provides licensed professional services, such as medical, legal, engineering or accounting. In a group practice, all members of the PLLC must be of the…
For the California court system to resolve legal disputes expeditiously, its statute of limitations determines how long a person has to bring his case to court. When fees of any sort go unpaid, their nonpayment can institute a legal claim in the court system. It may go into small claims court or work its way all the way to the state's supreme court. But, for court consideration, the claim must have been filed within the time frame allowed.
California generally is known as an employee-friendly state where the laws favor employee rights and limit employers' actions, especially concerning employment decisions related to structure and payment of total compensation, wages and benefits. Incentive payments and bonuses -- which also may include commission payments -- are subject to employment laws under the California Labor Code. Employers who violate sections of the California code related to compensation and payment of wages face stiff penalties and fines per incident, plus an additional percentage of wages due.
Homelessness presents many challenges --- individuals and families must find safe shelter and food while also trying to improve their living situations for the future. California's laws can both help and hinder homeless persons in their daily lives. The state's laws include sections to criminalize certain types of conduct engaged in by some homeless persons. However, the state also seeks to help homeless persons through other laws regarding health, public safety and education.
