#overtime attorney Los Angeles

[beardedmrbean]

A pair of senior partners at the California-based mega-law firm Lewis Brisbois Bisgaard & Smith split from the company last month to build their own “compassionate” firm, but internal emails show they used wildly offensive and demeaning language — repeatedly referring to women as “c–ts” and a judge as “sugar t-ts.”

Many of the shocking missives — exchanged between John Barber, 55, and Jeff Ranen, 45, and obtained by The Post from the pair’s former firm — were also racist or anti-LGBTQ.

Before the two labor lawyers suddenly defected in May and took more than 100 Lewis Brisbois employees with them, Barber spent more than 25 years with the firm and Ranen worked there for 20.

Their rationale for leaving was to “build something that’s reflective of our values and our beliefs,” Barber told Above The Law.

“We wanted to lead with empathy, collaboration and compassion, to do it our way and not have any baggage,” Ranen told the Los Angeles Business Journal about the formation of Barber Ranen.

But emails from their time at Lewis Brisbois ­– which were redacted to remove any specific client information before being viewed by the Post – raise serious questions about the virtue-signaling.

“Kill her by anal penetration,” Barber emailed Ranen in June 2012, reacting to an overtime request from another Lewis Brisbois attorney.On at least three occasions, Ranen described female attorneys as “c–ts.”

In a March 2022 missive, a Los Angeles judge was described as “sugar t-ts.” when Barber joked about how the judge liked to be addressed.

In a November 2012 note, Ranen noted to Barber that another partner has “huge t–s.” That female partner has since decamped to Ranen and Barber’s new firm.

In November 2013, Barber was told by a Lewis Brisbois partner that people were upset during a mediation because of a witness’ frequent use of the N-word.

“She doesn’t want the word n—-r used in her presence. She claims it was used with great liberality, unnecessarily so… and she found it very offensive,” the partner emailed him.

Barber responded snidely. “Got it. N—r. Don’t use.” He spelled the slur out in full.

In October 2012 Barber responded to an email about attending a baby shower with the subject line “N—r” — again spelled out in full.

On May 31, 2020 — just days after the death of George Floyd — Ranen emailed Barber, “F–king looters came within a mile and a half. I can’t even imagine what it was like living in Larchmont [Los Angeles] in 1992 when the savages decimated Koreatown.”

Barber responded: “Just to illustrate my enlightenment . . . As buildings burned within a mile or so that night, we had a party, got wasted, and yelled inappropriate things from the balcony.”

In June 2012, Ranen wrote to Barber, “Gypsy is my new word to describe about half of the minorities in California.”

The partners made frequent use of the word f—-t and other anti-LGBTQ slurs as well.

“Don’t be a f—t,” Ranen responded to a partner testily in April 2015. “What’s this f—t’s problem,” he emailed another colleague in November 2014, asking of a rival attorney.

Barber and Ranen went on a crude back and forth about an unnamed attorney from Mintz, another law-firm, in March 2008. In their exchange they mocked his past service in the Israeli Defense Forces.

“He’s a f-g. Israeli Defense Force hand-to-hand combat instructor? Yawn. I’ll kick his ass,” Barber wrote to Ranen.

Ranan replied, “his bio gave me a stiffy. Does that make me a homo?”

Later on Ranen made fun of Barber for using the expression “oh snap” — noting that he wasn’t sure if “that makes you more akin to a tween or a fudgepacker.”

Critics ripped the two men’s behavior and the firm’s hypocrisy.

“Though they may pretend to have founded their new firm in pursuit of ‘empathy and compassion,’ it is beyond any doubt that they are incapable of doing so,” civil rights activist Al Sharpton told The Post. “I am calling on The State Bar of California to conduct a full review of their character and licenses to practice law. Though these emails alone are beyond sufficient to question Barber and Ranen’s integrity, it is easy to imagine they are just the tip of the iceberg of their intolerance toward communities of color, women and the LGBT community.”

Lewis Brisbois has more than 1,600 attorneys working in offices around the world including one on Water Street in downtown Manhattan.

A Diversity, Equity and Inclusion mission statement on their website touts the firm’s commitment to diversity hires.

In a statement to The Post, the company said they were “shocked” by the behavior of the former partners and promised a probe:

“Following their departure from our firm, a complaint was lodged against John Barber and Jeff Ranen to a member of our management committee. In keeping with our firm’s policies and our responsibility to our personnel, an investigation was undertaken and the firm was shocked to find dozens of emails between John Barber and Jeff Ranen containing highly inappropriate and offensive content.

“The firm is continuing to conduct a broader review of the behavior and conduct of John Barber and Jeff Ranen. We are deeply troubled by their use of prejudiced language and racial and cultural slurs aimed at colleagues, clients, attorneys from other firms, and even Judges,” the company said.

Barber and Ranen did not return multiple messages seeking comment.

[renowebdesign]

Mae Villanueva Mediation Services

Tips and Wage Mediator Tips in California

California labor laws are widely acknowledged to offer workers maximum protections, from minimum wages to mandatory meal and rest break pay, overtime payment and employer obligations. An often neglected aspect of wage and hour law in California involves gratuities or tips; most states prohibit employers from taking an employee's gratuities directly while California has different rules regarding these gratuities or tips; here's everything a server or other service worker in the state should know about tips and wage mediators.

California Does Not Permit Employers to Reduce Employee Tips

While other states allow employers to subtract part of credit card processing fees from employees' tips, California prohibits this practice and any attempt by an employer to reduce them is forbidden by law - even when employees contribute part of this fee themselves.

California law forbids employers from forcing workers to share tips with managers or supervisors - commonly referred to as "tipping pooling." Though such arrangements are legal in California, any arrangement must be transparent and should not impede on any employee's right to receive full tips.

If an employer violates tip laws, an employee can file a suit with the Department of Labor Standards Enforcement to recover unpaid wages. Unfortunately, litigation is costly and time consuming; its outcome cannot always be predicted with certainty. Therefore, many parties find it easier and faster to settle their differences through mediation services in Los Angeles instead.

Tips and Wage Mediator Tips in California

In preparation for mediation, try getting plenty of sleep the night before. Rest will help you remain calm and make clear decisions more easily. In addition, bring as much evidence and information as possible; such as timelines of events, important documents/emails as well as charts/graphs to illustrate your points.

Rodney Mesriani is an experienced wage and hour mediation attorney dedicated to assisting his clients resolve their disputes. His firm provides its services throughout California to both workers and employers and has an excellent track record in helping his clients find positive resolutions to their cases. Get in touch with Rodney today to discover more about how he can assist in helping resolve your wage and hour dispute, answering any queries related to mediation as well as any related matters regarding your claim.

[masterofd1saster]

CJ current events 3apr25

I get reform makes people mad, but explain the poo

A New Jersey township is standing behind a police chief accused of defecating on floors and attempting to drug coworkers, insisting overtime reform led to disgruntled officers. North Bergen officials said Thursday the allegations against Police Chief Robert Farley had been referred to the Hudson County Prosecutor's Office for review and subsequently sent to the New Jersey State Attorney General's Office. "The township will respect the outcome of that investigation, and at this point none of these allegations have been proven to be true," township officials said in a statement to Newsweek.***

https://www.newsweek.com/new-jersey-police-chief-defecating-floor-overtime-2051731

***

On the count of 3, rolls your eyes. 1, 2.....

NEW YORK – Luigi Mangione, the suspect accused of killing UnitedHealthcare CEO Brian Thompson from behind in New York City last year, allegedly received a "heart-shaped" note from a supporter smuggled inside a pair of socks included in a change of clothes his defense team brought to court for his hearing, according to Manhattan District Attorney Alvin Bragg's office. The 26-year-old former Ivy Leaguer showed up shackled, wearing khaki pants, Rockport penny loafers and a green sweater under a bulletproof vest in a wink at supporters, who urged one another to wear green in reference to the character Luigi from Nintendo's "Super Mario" franchise. To spare him from appearing in a jail jumpsuit, Mangione's defense allegedly gave a bag of clothes to Major Mike McKee, a New York State Court officer who was overseeing inmate transport, according to prosecutors. Investigator Sgt. Louis Capolupo conducted a search before giving the items to the defendant.***

The back and forth comes as prosecutors are asking the court to deny Mangione's request to have a laptop in his jail cell – which they say is an unnecessary privilege – and additional discovery materials.*** Mangione had nearly $8,000 in cash on him when police arrested him, two Faraday bags, which can be used to block phone signals, multiple hard drives and a laptop, three wallets, an iPhone, "33 miscellaneous pills" and other items. Police recovered another phone near the crime scene and DNA evidence on discarded food packaging.*** Altoona police allegedly captured him with the suspected murder weapon, a fake ID and a manifesto slamming health insurers.

https://www.foxnews.com/us/luigi-mangione-received-heart-shaped-notes-hidden-socks-before-last-court-appearance

***

What a difference an election makes

Protecting the Second Amendment rights of ordinary, law-abiding Americans is a high priority for this Administration. As part of a broader review of restrictive firearms-related laws in California and other States, the Department of Justice’s Civil Rights Division today announced an investigation into the Los Angeles County Sheriff’s Department to determine whether it is engaging in a pattern or practice of depriving ordinary, law-abiding Californians of their Second Amendment rights. A recent federal court decision found that “the law and facts [we]re clearly in … favor” of two private plaintiffs who challenged the lengthy eighteen-month delays that the Los Angeles County Sheriff’s Department had imposed when processing their concealed handgun license applications. And the Civil Rights Division has reason to believe that those two plaintiffs are not the only residents of Los Angeles County experiencing similarly long delays that are unduly burdening, or effectively denying, the Second Amendment rights of the people of Los Angeles.***

https://www.justice.gov/opa/pr/us-department-justice-announces-second-amendment-pattern-or-practice-investigation

***

Monster under the bed?

A man in Kansas was booked into jail on aggravated kidnapping and other charges after a child found him hiding underneath a bed in their home on Monday, police said. The Barton County Sheriff's Office said the incident happened around 10:30 p.m. at a home just outside of Great Bend, Kansas, when a babysitter was putting children to bed. When one child told the babysitter there was a "monster" under their bed, the nanny found a 27-year-old man curled up under the mattress. Martin Villalobos Jr. was allegedly found under the bed and immediately began fighting the babysitter, which led to the child being knocked over. "When the victim attempted to show the child there was nothing under the bed, she came face-to-face with a male suspect who was hiding there. An altercation ensued with the babysitter and one child was knocked over in the struggle. The suspect then fled the scene before deputies arrived," the Barton County Sheriff's Office wrote in Facebook post.***

https://www.foxnews.com/us/kansas-babysitter-finds-monster-under-childs-bed-man-charged-aggravated-kidnapping-police?

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Wee bit psycho....

A U.S. Army wife stationed at Fort Eisenhower in Georgia awaits sentencing after pleading guilty to the 2023 murder of her infant son, who was found stabbed to death in a shower curtain. April Evalyn Short, 31, of Fort Eisenhower, pleaded guilty to second-degree murder, according to a statement Tuesday from Tara M. Lyons, acting U.S. Attorney for the Southern District of Georgia.  As part of the negotiated plea agreement, Short will serve 20 years in prison*** On the morning of Nov. 15, 2023, at Fort Eisenhower, Short sent her husband, a U.S. Army staff sergeant, a series of ominous texts with biblical references, according to court documents. Concerned about the cryptic messages, he went to their home on post and found their 11-month-old baby bleeding from the neck, wrapped in a shower curtain in the bathtub, according to filings.***

https://www.foxnews.com/us/georgia-woman-pleads-guilty-stabbing-death-infant-son-fort-eisenhower

***

$1.2M, who'll notice?

LOUISVILLE, Ky. (AP) — Thieves took eight Corvettes from the lot of a Kentucky automobile plant where the legendary muscle car is built, but officers recovered the vehicles and made an arrest, police said. The cars were taken from the GM Bowling Green Assembly plant in southern Kentucky, the home of the Chevrolet Corvette since the early 1980s. The eight cars were valued at $1.2 million, police said. Police said the thieves cut a fence at the plant to get the cars out. A man later arrested and charged with the theft of three cars said while being booked into jail that if he “would have made it back to Michigan, I would have been paid big,” according to a police report. The first car was located Saturday when a woman at an apartment complex in Bowling Green called police to say she saw a man park a new Corvette with stickers on it at the complex and then walk away.***

https://ca.finance.yahoo.com/news/8-corvettes-missing-kentucky-car-213728498.html

***

Vegas Tesla arson

Police in Las Vegas have detained a suspect for the recent attack on a local Tesla dealership. The Clark County Sheriff’s Office said Paul Hyon Kim is suspected of using Motolov cocktails and a firearm against five different Tesla vehicles nearby a Tesla dealership. The suspect spotted in the footage had dressed entirely in black when committing the attack and was later identified to have arrived at the scene with a black Hyundai vehicle.*** https://www.washingtonexaminer.com/news/3361596/police-arrest-suspect-in-las-vegas-arson-tesla-dealership-attack

***

Ozempic's fault....

MARTINSVILLE, Ind. (WKRC) — An Indiana teacher is facing multiple charges after she allegedly forced multiple boys into having group sex with her. According to WTHR, 31-year-old Brittany Fortinberry, a former math teacher at Eminence High School in Martinsville, Indiana, is facing additional charges after prosecutors say five more alleged victims came forward with sexual abuse allegations.*** she "doesn't think she would run into any of these issues if she was still 150 pounds heavier."*** https://local12.com/news/nation-world/brittany-fortinberry-indiana-teacher-accused-of-forcing-boys-into-group-sex-while-wearing-halloween-mask-cincinnati-sexual-misconduct-dissemination-matter-harmful-minor-abuser-molestation-delinquency-martinville-school-system-substitute-investigation

+++

Another student said Fortinberry was paying teen boys between $100 and $800 for photos of their genitals. One boy told police that if the boys said they didn't want to have sex with Fortinberry, she would make them, while saying, "just let it happen." *** https://www.wthr.com/article/news/crime/brittany-fortinberry-five-new-victims-child-molestation-sex-abuse-martinsville-morgan-county-eminence-misconduct-teacher-snapchat-session-nudes/531-50db55a1-f0f1-49fa-bb0f-55fa1c8f8efa

***

Obsession is a terrible thing

The Boulder County [Colorado] chapter of the NAACP last week announced its decision to shut down, citing opposition from the city of Boulder and friction with the national NAACP.***

Tensions between NAACP Boulder County and the city have been growing since the branch called for Boulder police Chief Stephen Redfearn — a deputy chief at the time — and then-Chief Maris Herold to resign in 2023. NAACP Boulder County called for Redfearn’s resignation based on his time serving in the Aurora Police Department amid the death of Elijah McClain in 2019. The branch criticized Redfearn for his conduct as a captain on duty on the night when McClain encountered police, an incident that led to his death.***

Redfearn had nothing to do with the death.

The chapter’s news release, dated Friday, said the national NAACP issued cease-and-desist letters, demanding that NAACP Boulder County stop its “unsubstantiated and inflammatory statements” toward Redfearn, the Boulder Police Department and Rivera-Vandermyde.***

the city elaborated on the July 2024 mediation attempt. “During that mediation, despite signed agreements to keep the conversation confidential, a board member secretly recorded the session and then threatened to release it publicly if City Manager Nuria Rivera-Vandermyde chose to promote Stephen Redfearn as Boulder’s police chief,” the statement read. “It was this unethical behavior, not any rejection of the chapter’s right to critique government, that led to this conflict.”***

https://www.denverpost.com/2025/03/31/boulder-naacp-chapter-shutting-down

***

Fair point, but our ground rule is that which is not prohibited is permitted

[Author's kids are]  living a wonderfully retro, ’90s-style childhood — one that feels increasingly endangered by helicopter parenting and overzealous legal authorities who seem to have forgotten their own childhoods. Just 10 years ago in my county, Danielle and Alexander Meitiv were actually accused, even charged, with neglect for letting their children do exactly what mine do every day: walk around unsupervised in broad daylight. The only thing that scares me about letting my daughter have this degree of freedom is that some busybody might call the police and that the law enforcement responding to the call might feel similar to the ones who harassed the Meitiv family a decade ago. Thankfully, that anti-freedom attitude is starting to change, largely thanks to the work of Lenore Skenazy and her organization Let Grow. Lawmakers are slowly waking up to the idea that protecting families sometimes means stepping back, not in. On her site, Skenazy recently shared this: “Just a few months after Georgia mom Brittany Patterson was arrested for not knowing her 10-year-old son had walked to the store alone, her state passed a Reasonable Childhood Independence law. It now goes to the governor. The bill clarifies that ‘neglect’ only applies when a child is put in serious, obvious danger — not simply when they’re out of sight.”***

The problem here isn't a lack of laws, it's a lack of common sense on the part of law enforcement, social workers, and prosecutors. Maybe a law that fired police, social workers, and prosecutors who tried this crap would work better.

https://www.washingtonexaminer.com/restoring-america/community-family/3364330/stop-criminalizing-childhood-freedom

***

I'm sure the docs have prestigious degrees

Colorado licenses its first psilocybin healing center

Psychedelic-assisted therapy is one step closer to becoming legally available in Colorado, with the state’s first healing center obtaining a license to offer the service this week.

No way they'd just be a bunch of hippie stoners.

***

Interesting how they caught him

An Alaska man pleaded guilty in federal court [Mon, 31mar25] to producing child sexual abuse material (CSAM). According to court documents, William Steadman, 35, of Juneau, a registered sex offender, enticed a young boy to engage in sexually explicit conduct, which Steadman recorded and posted on the dark web. After the CSAM was posted, law enforcement began working to determine who had created and posted the images. Even though Steadman attempted to hide his identify from law enforcement by using the dark web, a cryptocurrency payment for additional CSAM and thorough analysis of online statements tied to his alias led to his identification and arrest. A search of Steadman’s residence led to the discovery of over 4,000 images and videos of CSAM on his devices.***

https://www.justice.gov/opa/pr/alaska-man-pleads-guilty-producing-child-pornography

***

These people could use a moral compass

One minute. That’s how long it took the first donation to hit the legal support fund for Luigi Mangione after the Department of Justice said it is seeking the death penalty in his case. Mangione is charged with murdering UnitedHealthcare CEO Brian Thompson on a Manhattan street last December. But his fans, who follow every move in his case on the internet, consider the 26-year-old a progressive folk hero who is waging a righteous war against a corrupt capitalist system. One hour after the death penalty news was announced on April 1, more than 400 fans had donated over $12,000 to the GiveSendGo for Mangione’s legal defense fund. “Absolutely appalled and disgusted that the Dept of ‘Justice’ are seeking the death penalty,” wrote the first anonymous user to comment on the news that Attorney General Pam Bondi is pursuing the death penalty against Mangione. Rallying behind Mangione with a $10 donation, the user said: “Your strength, dignity, and courage are an inspiration, and we are behind you. We will never stop fighting. Sorry I can’t give more today but I will continue to donate as and when I can. Until you are free.”*** Though most donors contributed $30 or less, their notes were full of outrage. Some posted heart emojis in green—a reference to the character Luigi in the Super Mario Bros. video game, who wears the color—which has become a symbol of the Mangione movement. One donor identified themselves as “Billie” and stated that they work in healthcare, where they’re “watching people die every single day because of ‘insurance.’ ” Of Magione’s potential fate, they wrote: “Unbelievable. . . the death penalty??!!!”*** “It’s actually so stupid,” posted a user called “Camus.” “They’re going to turn him into a martyr and make people even more angry.” Yet another agreed: “This only makes us stronger, tougher, more passionate.”

https://www.thefp.com/p/luigi-mangione-fans-donate-thousands-death-penalty-pam-bondi

Nobody likes health insurance companies. There are a lot of industries nobody likes, but you don't just shoot random executives.

***

$3,500 for calling Caitlyn Bruce?

4 lunkheads in Colorado's legislature have introduced HOUSE BILL 25-1312 which makes it "UNLAWFUL TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT DEADNAME OR MISGENDER AN INDIVIDUAL" If passed, C.R.S. § 24-34-602 authorizes a $3,500 penalty for every time you Caitlyn Jenner "Bruce."

They must be thinking of the Colorado exception to the 1st Amendment.

***

Ok, Groomer

A coach for a Colorado youth ski team was charged with sexually assaulting a preteen skier during a team trip to New Mexico in March, court records show. Jared Hedges, 48, was arrested March 21 at Taos Ski Valley and charged with two felonies after the boy told authorities Hedges had sexually assaulted him. Hedges was a coach for Team Summit Colorado, a youth ski club at Copper Mountain that focuses on developing young athletes. He did not immediately return a request for comment Wednesday. Hedges served as head coach for the team’s alpine racing program for skiers under 14. He is no longer a coach for the club, executive director CB Bechtel said in a statement posted on the club’s website Thursday.*** The boy, whom The Denver Post is not identifying, said Hedges groped and assaulted him after the boy laid down to sleep at one of two cabins the team was staying in during the trip to Taos in northern New Mexico. The boy, crying, woke up another child and called his mother immediately after the assault, according to a statement of probable cause. Other children told deputies with the Taos County Sheriff’s Office that Hedges had been staying in a lower area of the cabin with three children at the time of the incident. When the boy called his mother, Hedges began to pack up his own belongings, according to the statement of probable cause.*** Jordan said Monday that the family believes Hedges “groomed” the boy for some time before the assault, and said there were prior instances of inappropriate behavior that the boy didn’t fully understand before the assault, which was an escalation.***

https://www.denverpost.com/2025/04/02/jared-hedges-arrested-sexual-assault-team-summit-colorado

***

That escalated quickly

The Biden administration indicted NYC Mayor Eric Adams in 2024 shortly after he publicly protested the overwhelming influx of illegal aliens. Adams allegedly took benefits from Turkey like flight upgrades. Allegedly, he took official actions in favor of Turkey. It's not clear that he was in a position to take any official action at the times alleged. The case was United States v. Adams, 24-cr-556 (S.D.N.Y.)

U.S. District Judge Ho dismissed the indictment with prejudice yesterday. In an order that appears written for easy excerpting by the press, he wrote

On February 14, 2025, the Department of Justice (“DOJ”) filed a motion seeking to dismiss without prejudice the Indictment against New York City Mayor Eric Adams, pursuant to Federal Rule of Criminal Procedure 48(a).1 ECF No. 122 (the “Rule 48(a) Motion”). DOJ’s Motion states that dismissal of this case is justified for several reasons, including because “continuing these proceedings would interfere with” the Mayor’s ability to govern, thereby threatening “federal immigration initiatives and policies.” Id. ¶ 6. A critical feature of DOJ’s Motion is that it seeks dismissal without prejudice—that is, DOJ seeks to abandon its prosecution of Mayor Adams at this time, while reserving the right to reinitiate the case in the future. DOJ does not seek to end this case once and for all. Rather, its request, if granted, would leave Mayor Adams under the specter of reindictment at essentially any time, and for essentially any reason. The Court declines, in its limited discretion under Rule 48(a), to endorse that outcome. Instead, it dismisses this case with prejudice—meaning that the Government may not bring the charges in the Indictment against Mayor Adams in the future. In light of DOJ’s rationales, dismissing the case without prejudice would create the unavoidable perception that the Mayor’s freedom depends on his ability to carry out the immigration enforcement priorities of the administration, and that he might be more beholden to the demands of the federal government than to the wishes of his own constituents. That appearance is inevitable, and it counsels in favor of dismissal with prejudice. Notably, Mayor Adams has filed his own motion seeking dismissal with prejudice on other grounds, and DOJ has not opposed his motion, effectively waiving any objection to permanent dismissal of this case. The parties offer the Court no basis to dismiss this case in a manner that would allow DOJ to reinitiate it in the future, and the Court declines to do so.***

https://www.documentcloud.org/documents/25877297-ruling-in-eric-adams-case/

***

Plans to kill Supreme Court justices

CV NEWS FEED // The California man who attempted to assassinate Supreme Court Justice Brett Kavanaugh in 2022, motivated by the Court’s anticipated pro-life ruling in Dobbs v. Jackson is set to plead guilty, according to a letter signed by his legal team Wednesday. Nicholas Roske, 29, was arrested outside Kavanaugh’s Maryland home in the early morning of June 8, 2022. He was armed with a Glock pistol, zip ties, duct tape, and other weapons. Roske later admitted he intended to kill Kavanaugh to block the Supreme Court’s pro-life majority. *** In a similar case, Neal Sidhwaney, a 43-year-old man from Florida, pled guilty in December 2023 to threatening the life of Chief Justice John Roberts, another member of the Court’s pro-life majority.  As part of Wednesday’s filing, Roske submitted a signed letter acknowledging that he traveled to Washington, D.C., with the intent to kill Kavanaugh and that prosecutors could prove his intent “beyond a reasonable doubt.” Roske is expected to formally enter his guilty plea next week and faces a potential life sentence. 

https://catholicvote.org/would-be-kavanaugh-assassin-to-plead-guilty

***

[home-inspiration-blog]

Firefighters claim LAFD understaffed, forces unpaid overtime work

As Southern California begins to emerge from a series of deadly wildfires, firefighters are receiving public praise and recognition for their life-saving efforts. But while the public may be in support of the Los Angeles Fire Department and other agencies, those firefighters say they remain underpaid and their stations understaffed. LAFD employees and attorneys from Sethi, Orchid and Miner LLP…

[blumlawfirm]

Who Is the Best Employment Attorney Los Angeles Offers?

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[fosilsblog]

Employment Lawyer in Los Angeles: Protecting Your Rights in the Workplace

Navigating the complexities of employment law can be challenging, especially in a bustling and diverse city like Los Angeles. Whether you’re facing issues related to discrimination, wrongful termination, wage disputes, or harassment, having a knowledgeable employment lawyer on your side can make a significant difference. Here’s an overview of how an employment lawyer in Los Angeles can help protect your rights in the workplace.

Understanding Employment Law

Employment law encompasses a wide range of regulations and statutes that govern the relationship between employers and employees. In California, state laws often provide greater protections than federal laws, making it crucial to be aware of your rights. Key areas of employment law include:

Discrimination: Laws prohibit workplace discrimination based on race, gender, age, disability, and other protected characteristics.

Harassment: Employees have the right to work in an environment free from harassment, whether it’s sexual harassment or bullying.

Wage and Hour Laws: California has strict regulations regarding minimum wage, overtime pay, and meal breaks.

Wrongful Termination: Employees cannot be terminated for illegal reasons, such as retaliation for reporting discrimination or for taking medical leave.

Why You Need an Employment Lawyer

Expert Legal Advice

Employment lawyers specialize in labor laws and can provide you with expert advice tailored to your specific situation. They can help you understand your rights and options, ensuring that you make informed decisions.

Navigating Complex Regulations

Employment laws can be complicated and often change. A knowledgeable attorney stays updated on the latest laws and regulations in California, allowing them to navigate the complexities of your case effectively.

Investigating Claims

If you believe your rights have been violated, an employment lawyer can conduct a thorough investigation of your claim. They can gather evidence, interview witnesses, and review documentation to build a strong case on your behalf. Get More Info employment lawyer los angeles

Negotiating Settlements

Many employment disputes can be resolved through negotiation rather than litigation. An experienced attorney can negotiate with your employer or their insurance company to secure a fair settlement that compensates you for your damages.

Litigation Support

If your case cannot be resolved through negotiation, your employment lawyer can represent you in court. They will prepare all necessary legal documents, advocate for your rights, and present your case to a judge or jury.

Protecting Against Retaliation

Employees who report workplace violations or participate in investigations may face retaliation. An employment lawyer can help protect you from retaliatory actions and ensure that your rights are upheld.

Understanding Severance Agreements

If you’re facing a layoff or termination, you may be presented with a severance agreement. An attorney can review this document to ensure it’s fair and in your best interest, helping you understand any potential consequences.

Class Action and Collective Actions

If your situation is part of a broader issue affecting multiple employees, an employment lawyer can assist in filing class action lawsuits or collective actions. This can be particularly effective in wage and hour disputes.

Common Employment Issues in Los Angeles

Workplace Discrimination: Employees may face discrimination based on various factors, including race, gender, sexual orientation, age, or disability. If you believe you’ve been discriminated against, it’s essential to consult with an attorney who can help you pursue your claim.

Harassment: Harassment in the workplace can take many forms, from inappropriate comments to hostile work environments. An employment lawyer can help you navigate the process of reporting harassment and seeking justice.

Wage and Hour Disputes: Many employees in Los Angeles encounter issues related to unpaid wages, overtime pay, or misclassification as independent contractors. An attorney can help you recover lost wages and ensure compliance with wage laws.

Wrongful Termination: If you believe you’ve been fired for illegal reasons, such as retaliation or discrimination, an employment lawyer can assist in filing a wrongful termination claim.

Conclusion

Protecting your rights in the workplace is vital for your professional and personal well-being. An employment lawyer in Los Angeles can provide invaluable support and expertise when navigating complex employment issues. From understanding your rights to representing you in court, having a knowledgeable attorney by your side can make all the difference. If you’re facing employment-related challenges, don’t hesitate to seek legal assistance—your rights deserve to be protected.

[1000attorneysworld]

Your Trusted Employment Lawyer in Los Angeles 🌟

When it comes to employment law, navigating the complexities of workplace issues can be challenging. Whether you’re dealing with wrongful termination, workplace harassment, or wage disputes, having the right legal support is essential. At 1000Attorneys, we connect you with top employment lawyers in Los Angeles who are ready to fight for your rights.

About Us ��️

At 1000Attorneys, we pride ourselves on being a premier resource for individuals seeking legal representation in various fields, particularly employment law. Our network consists of experienced attorneys who specialize in employment-related cases. We understand the nuances of California's labor laws and are dedicated to helping you find the right lawyer to suit your specific needs.

Our Services 🤝

We offer a wide range of services to address various employment law issues, including:

Wrongful Termination: If you believe you’ve been fired unjustly, our lawyers can help you understand your rights and pursue the compensation you deserve.

Workplace Harassment: No one should feel unsafe at work. Our attorneys can assist you in navigating claims related to harassment, ensuring a thorough investigation and appropriate actions are taken.

Wage and Hour Disputes: From unpaid overtime to minimum wage violations, we help you recover your hard-earned money and ensure compliance with labor laws.

Discrimination Cases: Whether you’ve faced discrimination based on age, gender, race, or any other protected characteristic, our legal experts are equipped to advocate for you.

Employee Contracts and Agreements: Understanding your employment contract is crucial. We can help review and negotiate contracts to protect your interests.

Our Mission 🎯

At 1000Attorneys, our mission is simple: to empower individuals by connecting them with the right legal representation. We believe that everyone deserves access to quality legal assistance, especially in matters as critical as employment law. Our team is committed to ensuring that your voice is heard and that you receive the justice you deserve.

Why Choose 1000Attorneys? 🤔

Here are a few reasons why you should choose 1000Attorneys for your employment law needs:

Expertise: Our network of attorneys has extensive experience in handling employment law cases in Los Angeles. They stay updated on the latest legal developments to provide you with informed advice.

Personalized Service: We understand that every case is unique. Our team takes the time to listen to your concerns and connect you with an attorney who fits your specific situation.

No Upfront Fees: Many of our employment lawyers work on a contingency basis, meaning you don’t pay unless we win your case. This allows you to pursue justice without the burden of upfront costs.

Client-Centered Approach: We prioritize our clients’ needs and work diligently to ensure their satisfaction. Our attorneys are committed to providing clear communication and support throughout the legal process.

Conclusion 🌈

If you’re facing an employment issue in Los Angeles, don’t navigate it alone. Let 1000Attorneys help you find the right employment lawyer who can advocate for your rights and guide you through the complexities of the legal system. With our extensive network of skilled attorneys and commitment to client satisfaction, you can trust us to help you achieve the best possible outcome for your case.

Reach out to us today to get started on your journey toward justice! Your rights matter, and with 1000Attorneys, you’re never alone. 💪🌟

[leichterlawfirmapc]

Leichter Law Firm, APC

Leichter Law Firm, APC is a Los Angeles employment law firm representing workers in lawsuits against employers. Typical cases include employment discrimination, Pregnancy Discrimination, Disability, FMLA, CFRA, Overtime Misclassification, Sexual Harassment, Review of the Esurance Agreement, and failure to provide benefits like medical leave or reasonable accommodation. Call at (818) 915-6624 Leichter Law Firm, APC today at to request a free consultation with trusted attorneys in Los Angeles, California today. Address:- 3580 Wilshire Blvd, #1745, Los Angeles, CA 90010

[birminghamlawattorney]

Why You May Need A Class Action Attorney In Los Angeles

Have you endured hardships due to instances of workplace discrimination, wage and hour improprieties, or exposure to harmful substances and faulty products? If so, you very well might not be alone. What happened to you may have happened to others. As such, you may be eligible for compensation. Your best chance, then, could be to instigate a class-action lawsuit and claim the remuneration to which you’re rightfully entitled. And that’s where Belal Hamideh, experienced class action attorney for Los Angeles and all of CA can help.

Within the framework of California state law, individuals or groups, like yourself, can kick off class action lawsuits to keep erring employers in check and get justice for people like. If you believe there’s a chance you have a case, it’s worth it to reach out to Belal for a free case evaluation. He’ll let you know exactly what your case is worth and how he can help.

What is a Class Action Lawsuit? Class action lawsuits give the power back to individuals who have undergone similar offenses by a common perpetrator to band together. Rather than proceeding with separate cases against the same defendant, those affected join forces, thereby strengthening their collective voice in their quest for justice.

Crucial aspects of a class-action lawsuit must include certain elements, such as a significant number of plaintiffs must share common facts, injuries, and causes attributable to the actions or inactions of the defendant(s) among others.

Determining Eligibility for Class Action Representation Class action attorneys can represent those who have incurred similar harm due to the actions of another. Potential class action clients could fall into various categories, which include, but are not limited to:

Employees not compensated for job-related expenses.

Victims of injuries prompted by defective products (including pets).

Staff denied rest periods, meal breaks, or overtime remuneration.

Individuals targeted by deceitful business practices, corporate rogue behaviors, and securities fraud.

Employees wrongfully labeled as independent contractors.

Victims of aggressive debt collection and billing tactics.

People affected by fraudulent lender and banking methods.

Victims of identity theft due to security protocol breaches.

Job candidates subjected to illegal questioning during interviews or on applications.

If you believe you were a victim of anything similar to that, or, alternatively, suspect you share grievances with others wronged by a particular entity, seeking advice from an experienced class action attorney can be greatly beneficial.

Why Should I Join a Class Action Lawsuit? The advantage of a class action lawsuit lies in its numbers. An individual claim might appear to be going against overwhelming odds, but, when tackled collectively, a successful outcome is far more likely.

See, companies often leverage the fear and reluctance of a single person to challenge them. As the old saying goes, there’s strength in numbers. A class-action lawsuit is about more than just monetary compensation; it functions as a deterrent against corporations exploiting individuals in the future. By holding these entities accountable, class action lawsuits can stop corporate misbehavior while hopefully safeguarding the wellness and safety of individuals and their loved ones.

Belal Hamideh: Experienced Class Action Attorney in Los Angeles If you’ve been wronged by an organization in any capacity, you might be deserving of compensation. By exercising your rights through a class action lawsuit, you not only help yourself, but, you pave the way for justice for others who are similarly affected.

Belal Hamideh and the team work on a contingency basis. You don’t have to pay unless we win and, even then, our payment can come out of your compensation. Your injury can become your victory. For a free case evaluation, message us through this site or call.

[danielchammasattorney]

A Brief Introduction to Wage and Hour Class Actions

Daniel Chammas has worked as an attorney at Ford and Harrison, LLP, in Los Angeles since 2016. In this position, Daniel Chammas defends numerous Los Angeles businesses against wage and hour class actions.

Wage and hour class actions occur when one or multiple employees take legal action on behalf of a larger workforce. These actions claim that all employees involved have been negatively impacted by their employer’s transgressions in one or more areas of labor law.

There are many types of labor law violations that provide workers with the grounds to file a wage and hour class action. A few of the most common grounds include minimum wage violations, misclassifying workers, failure to meet overtime standards, and demanding off-the-clock labor. Employers may also be found in violation of labor laws if they do not provide adequate meal options and work breaks throughout the day. It is not uncommon for an action to cite multiple grounds when making a claim.

There are two main reasons for employees to file a class action, as opposed to an individual lawsuit. To start, the more claims involved in a lawsuit, the greater the damages become, which can compel an employer to take the claim more seriously. Second, employees benefit from decreased attorney’s fees by hiring a single employment law firm.

Employees who feel they have been the victims of wage and hour violations should seek the counsel of an attorney versed in local labor laws, as should employers defending against false wage and hour claims.

[dailyretrogames]

Rollergames is the name of two 1990 Konami video games, one a coin-operated arcade game by, the other a Nintendo Entertainment System game, and both based on the television show of the same name. This arcade game is faithful to the show unlike the NES version of RollerGames, which is a side-scrolling game. The game is for two players and features all the skaters and managers from the league.

Teams and Managers (both games)

Los Angeles Thunderbirds: Bill Griffiths, Jr.

Hot Flash/Hollywood Hot Flash: Juan Valdez Lopez (erroneously referred to in the game as "El Fabuloso")

Rockers: DJ Terrigno, the "entertainment attorney"

Bad Attitude: Georgia Hase

Maniacs: John "Guru" Drew

Violators: Skull

Gameplay (Arcade version)

Score values are cut in half from the real show (and rounded up if needed), and feature only four 99-second cycles instead of 45-second cycles within four 6-minute periods.

The players control the two jetters. After referee Don Lastra blows his whistle to begin the cycle, the first lap leads the jetters to the Wall of Death (the heavily banked curve of the jetwave). They get one point for getting three steps in the between the two red lines and three points for getting above the top line. On the jet jump, they get three points for landing beyond the 12-foot marker and one point for landing in front of the line. The rest of the cycle awards one point passing or fighting off opposing blockers (who come back to haunt the jetters afterwards) and three points for lapping or fighting off the opposing jetter. The team with the most points wins. Should the scores be tied; extra cycles are played until there is a winner. (The game does not utilize the alligator pit used in the show's sudden death overtime.)

A player cannot advance to the next game until they win the current game. Once they defeat all five teams, they are treated to a credit sequence showing the trophy (the Commissioner's Cup), and the lineup of skaters. The game then restarts with the first team.

While it doesn't affect the score of the game (only awarding a small amount of "power" to the winner), there is a bonus Street Fighter II style fight that may happen to illustrate the violence and rivalry that happens on RollerGames. Winning a fight earns bonus energy to the player (as when energy is depleted, a life is lost, and losing all lives requires the player to insert another credit to continue the game). These fights pop up at random.

The NES version is a side-scrolling platform game that employs the likenesses of people used in the television show, but has nothing to do with the sport itself. Instead, a mysterious anonymous alien enemy assists the three teams of the Eastern Empire (Violators, Maniacs, Bad Attitude) and their managers (Skull, John "Guru" Drew, Ms. Georgia Hase) in a plot to sabotage the sport and hold Bill Griffiths hostage.

The game begins with announcers Chuck Underwood and David Sams commenting about the commissioner (Griffiths) being taken hostage by the three rough teams, and he can only be rescued by the Western Alliance (T-Birds, Hot Flash, Rockers).

The game then has Shelley Jamison asking the player which of the three teams they would wish to join; the player can choose a different team for each stage. Once the choice is made, the stage begins.

The skaters the player can play as are as follows:

T-Birds: Robert Smith (the "Icebox")

Hot Flash: Vicki McEuen (the "Sly Fox")

Rockers: Mike Flannigan (the "California Kid")

Each odd-numbered stage has a course the player must navigate around within a specified time limit, all the while fighting off enemies (the skaters and goons of the Eastern Empire teams), culminating in a boss fight with either Ms. Georgia Hase, Guru Drew, or Skull. The player must defeat the boss before time expires. Falling down into a pit, losing all of the player's energy, or running out of time costs a life, and the game is over if all lives are lost.

The skaters the player can play as are as follows:

T-Birds: Robert Smith (the "Icebox")

Hot Flash: Vicki McEuen (the "Sly Fox")

Rockers: Mike Flannigan (the "California Kid")

The first two even numbered stages are transitional stages where the skater has to avoid all sorts of obstacles ranging from barrels to flamethrowers, and helicopters may also drop bombs to attempt to slow down or kill the skater. There is no time limit for these stages.

The sixth and final stage has a time limit which leads to a boss fight with the nameless villain. Succeeding at this stage wins the game, and the player is rewarded with images of the skaters with Bill Griffiths, and a congratulatory message from Wally George (who served as halftime commentator on the show).

[beardedmrbean]

CHICAGO — A federal judge in Chicago ruled Friday that comments made by Jussie Smollett’s attorney on national television three years ago that two Black brothers might have attacked the actor while in “whiteface” could be construed as defamation.

The ruling by U.S. District Judge Mary Rowland allows the defamation lawsuit filed by Abimbola and Olabinjo Osundairo to continue against Tina Glandian, Smollett’s Los Angeles-based attorney who made the controversial comments in an interview on the “Today” show on March 28, 2019, a few days after the initial charges against Smollett had been dropped.

In her ruling, Rowland dismissed all other counts brought against Glandian’s firm, Geragos & Geragos.

The lawsuit alleged that in the aftermath of the controversial dismissal of Smollett’s criminal case by Cook County State’s Attorney Kim Foxx’s office, which was garnering headlines around the world, the former “Empire” actor’s high-profile legal team continued to smear the Osundairo brothers on TV and in podcast interviews.

The concerted media blitz was a blatant effort to paint the brothers not only as homophobic, racist, and violent, but guilty of the attack in the first place, the suit alleged.

The suit focused in particular on one exchange in Glandian’s “Today” show interview, when she was asked how it could be possible that Smollett believed his attackers were pale skinned given the Osundiaro brothers’ dark complexion.

“Well, you know, I mean, I think there’s—obviously, you can disguise that,” Glandian said in the interview. “You could put makeup on.”

Glandian went on to call out Chicago police for allegedly failing to investigate an online video showing one of the Osundairo brothers “in whiteface doing a Joker monologue with white makeup on.”

“And so it’s not—it’s not implausible,” Glandian said.

In her ruling, Rowland wrote that Glandian’s allegation could legally be construed as an attempt “to dispel the inconsistency in Smollett’s story (the attackers had light skin) and bolster her contention that the plaintiffs (who are not light skinned) were Smollett’s attackers.”

“Taken in context, Glandian was asserting plaintiffs’ involvement in a racially motivated attack,” Rowland wrote. “Explaining that the attackers were white, read in context, adds the implication that the attack was a hate crime.”

The ruling clears the defamation count against Glandian to possibly go to trial before a jury.

Glandian could not immediately be reached for comment. She and her law firm have previously denied the allegations, ridiculing the “so-called lawsuit” as “a desperate attempt for (the Osundairo brothers) to stay relevant and further profit from an attack they admit they perpetrated.

Smollett, meanwhile, was convicted of low-level felonies in December when a jury found that he had lied to police about being the victim of a hate crime attack. Prosecutors argued at sentencing that he denigrated real victims of hate crimes when he hired the Osundairo brothers to stage a phony assault on himself involving racial slurs, homophobic epithets and a makeshift noose.

Smollett was sentenced last week to 30 months of probation, with the first 150 days to be served in Cook County Jail. In addition, he must pay a $25,000 fine as well as $120,106 in restitution — the amount of restitution the city sought to pay for its overtime costs investigating the case, minus the $10,000 Smollett forfeited to the city when his first case was dropped.

The Illinois Appellate Court has since granted Smollett’s motion to be released on bond pending appeal, and he walked out of Cook County Jail on Wednesday after spending about a week in custody.

[cummingsandfranckblog]

Options employees have for wrongful termination Los Angeles

State and federal employment laws protect employees from wrongful termination in Los Angeles. But you should know if you are discriminated against at your workplace. The following points will guide you about it:

Your boss or company discriminates based on race, age, religion, or ethnicity,

or if you are fired or demoted due to disability or medical condition.

You are terminated because you won’t work overtime without pay, or you won’t lie or do something illegal for your company.

You are denied family leave

You and other employees have a class action claim against your employer or some other right to sue as a group

What sort of options do wrongfully terminated employees have?

As an employee, victims of wrongful termination Los Angeles have plenty of options. The first is to file a complaint with an appropriate government agency like Equal Employment Opportunity Commission (EEOC) and your particular state’s similar government departments. With detailed investigation and the application of the state law, an employee recourse during wrongful termination lawsuit.

You can have the right to recover your lost wages, any emotional distress, as well as attorneys’ fees and punitive damages. A wrongful termination Los Angeles attorney can help protect your rights and get the compensation you want.

Schedule a consultation today

Come in for a free initial consultation with wrongful termination in Los Angeles. Our experienced employment attorney orange county will either take your case to trial if your boss will not settle or help you negotiate a fair settlement.

If you are an employee who has been wrongfully terminated, then you should not delay in taking action. There are important statutes of limitation and other legal deadlines that you have to meet.

Contact Cummings & Franck P.C online to get complete information on your legal rights. We have the best wrongful termination attorney in Orange County and understand all employment laws.

Give us a call today; we would be happy to assist you!

[ejlglaw-blog]

Employee Justice Legal Group is a Los Angeles based law firm dedicated to fighting for the rights of employees who have been wronged by their employer or injured on the job. Since opening its doors in 2014, the firm has helped thousands of individuals throughout Southern California fight for their rights and get the settlements they deserve. The firm’s attorneys are experienced to handle all aspects of employment law, including but not limited to harassment, sexual harassment, pregnancy discrimination, disability and medical condition discrimination, age discrimination, racial discrimination, sexual orientation discrimination, whistleblower retaliation, minimum wage violations, overtime violations, rest and meal violations, etc.

[meredoubt]

Amid wage fight with Albany restaurant, cook is seized by ICE agents

On Aug. 12, Xue Hui Zhang was in Latham, giving a deposition in a $200,000 wage theft lawsuit he had filed against Ichiban, the Chinese and Japanese restaurant on Central Avenue in Albany.

During a break in the deposition – held at the offices of Ichiban's defense attorney – Zhang went to eat lunch at nearby DinerTime in Latham, where agents from the Office of Immigrant and Customs Enforcement were waiting. They arrested Zhang, an undocumented immigrant from China, who had no criminal record during 10 years living in the United States.

Zhang's attorney believes ICE agents were tipped off about the deposition by ownership of Ichiban, seeking to derail Zhang's wage theft lawsuit. Zhang, a cook who worked at the restaurant from 2008 to 2015, had driven up from his home in Brooklyn to the Capital Region for the deposition.

Zhang is now in federal custody in Buffalo, faces deportation back to China, and would likely face significant challenges recovering the $200,000 in alleged unpaid wages from abroad.

Ichiban attorney Matthew Mann told the Times Union that he absolutely had not tipped off ICE about Zhang's whereabouts. Ichiban ownership also denies tipping off ICE, Mann said.

Mann said he had no idea how ICE knew about the Brooklyn resident's presence in Latham, and declined to speculate. Mann added that he had no desire to stop the Zhang deposition; in fact, Mann says, he unsuccessfully sought to continue the proceeding while Zhang was detained.

On Tuesday, John Troy, a wage theft attorney based in Queens who is representing Zhang, filed a lawsuit in federal court in the Northern District of New York, seeking to prevent Zhang's deportation and seeking his release. The lawsuit names U.S. Attorney General William Barr, the Department of Homeland Security, ICE officials and Rensselaer County Sheriff Patrick Russo as respondents.

The lawsuit notes a memorandum between ICE and the federal Department of Labor, which states that ICE cannot be used by employers to retaliate against workers during labor disputes. The agreement has been violated by Zhang's arrest, Troy told the Times Union.

A spokesman for ICE, Khaalid Walls, would not answer a question from the Times Union about how ICE learned of Zhang's whereabouts.

Walls said that Zhang had been arrested because an immigration judge had ordered his removal from the United States in 2003.

"Prior to his arrest, ICE made numerous attempts to coordinate Mr. Zhang's removal," he said.

Walls noted a section of the memorandum of understanding between ICE and the Department of Labor, which states that nothing in the memo is intended to restrict the legal authority of either agency.

"ICE did nothing in violation of this memo," Walls said, calling Zhang a "long-standing uncooperative fugitive alien.

"The lawsuit filed by Zhang's attorney says Ichiban ownership had made deportation threats in the past.In 2016, one of Ichiban's owners, David Ip – a former employee at the Drug Enforcement Administration – passed a message to Zhang through associates threatening Zhang with arrest, according to the lawsuit.

According to the lawsuit, Ip relayed that if Zhang showed up to a Department of Labor hearing, which concerned violations committed against Ichiban employees, Ip would call ICE. (Ip's attorney told the Times Union he had no information concerning that allegation and had not seen the federal lawsuit.)

Zhang did not show up at the Department of Labor hearing, but did later bring the federal wage theft lawsuit against Ichiban seeking six-figure unpaid minimum and overtime wages.

During the discovery process of Zhang's lawsuit, Ip's legal team repeatedly asked for the "passport, green card or Social Security card" of all plaintiffs, including Zhang's, according to the federal lawsuit filed Tuesday.

Ip attended Zhang's deposition. But Ip's attorney, Mann, says he's gotten strong assurances from Ip that he didn't tip off ICE about Zhang's presence.

During the deposition's lunch break, when Zhang arrived with his lawyer and several other people at nearby DinerTime, ICE agents were blocking the entrance.

"We have (a) warrant and we have identified Mr. Zhang," one ICE agent allegedly said, according to the lawsuit. "Give us his ID. If he can show us he is not Mr. Zhang, then he is free to go."

Zhang was then dragged away from the diner parking lot, according to the lawsuit.

Zhang came to the United States in 2001 to escape persecution from the Communist Chinese regime, according to the lawsuit filed by his attorney. He was stopped at the Los Angeles airport by immigration officials, and was released about a month later.

Zhang is a member of the Chinese Democratic Party, and would likely face renewed threats from the Chinese Communist Party if he returns, especially since he left the country, the lawsuit says.

By Chris Bragg. Published in the TImes Union. Updated 4:01 pm EDT, Thursday, August 22, 2019. Upstate network needs help or boosts. 

[mrduilalawoffice]

Attorney Mark Rosenfeld Talks About DUI’s and DWI’s

This was originally published on our website. To check out more of our content, visit [https://www.mrduila.com/attorney-mark-rosenfeld-talks-about-duis-and-dwis/]

Bert: Mark Rosenfeld has been defending Los Angeles drivers for over 17 years. Born and raised in Southern California, attorney Rosenfeld graduated from UB Santa Barbara and California Western School of Law. He has continued his legal training attending courses at Harvard, Exxon Labs, as well as studying with Jerry Spence, the Trial Lawyers College. Attorney Rosenfeld enjoys giving back to the legal community and continue to present and teach other attorneys throughout the state on driving related issues and trial skills, as well as serving as chair of the Criminal Law section of the Beverly Hills Bar Association.

Mark Rosenfeld, welcome to Money for Lunch.

Mark Rosenfeld: Thank you very much, Bert. Thank you very much. I’m glad to be here.

Bert: All right, so let’s get into this. DUIs and DWIs are basically the same thing, nowadays, right? It’s still driving under the influence versus driving while intoxicated, but they’re saying, you’re driving impaired. How common are DUIs and DWIs nowadays?

Mark Rosenfeld: Unfortunately it’s very common, and DWI or DUI, just depending on what jurisdiction, what state you’re in, is going to depend on what they call it. Basically it’s the same thing. If you’re impaired for purposes of driving, then you can get in a lot of trouble, and it happens pretty frequently. Probably about 1% of the drivers on the road end up getting arrested per year for driving under the influence of alcohol, or drugs, or a combination of both. That can be legal drugs or illegal drugs. It’s just anything that impairs the ability to drive.

Bert: Yeah, anything that impairs the ability to drive, and as you just pointed out, it doesn’t have to be legal or illegal, it’s just whatever is impairing your ability to drive. What’s interesting to me, Mark, and I want to get your thoughts on this, is that this does not affect anyone in the sense of, we see celebrities that get arrested for DUIs. We see the rich, the poor, the famous, and the infamous. It goes across all boundaries, right?

Mark Rosenfeld: That’s absolutely right, Bert. We see it across all different segments of society. The most prevalent is alcohol, but more and more, we’re getting more and more drug allegations in DUIs. You see all different segments of the population getting DUIs, people that don’t have licenses, people that do have licenses, 18 year olds, 80 year olds, across the board. It doesn’t discriminate on profession, or race, or gender, men, women, of all different ages and all different professions. I’m just as likely to be representing a school teacher as I am a professional athlete. It can, and it does, happen to anybody. It’s kind of the every person crime that can happen.

Get Help Now Bert: Sure, again, correct me if I’m wrong. There’s constant changes in the laws to make, for instance, DWIs are constantly revising what the legal limit for a blood alcohol is. I’m sure they’re revising the DUI statutes to make them, I guess, more stringent, is word maybe I’m looking for. Do you find that to be true?

Mark Rosenfeld: Absolutely, Bert. It’s fair enough to say, every year there are more and more laws on the books trying to prosecute people for driving under the influence, whether it’s broadening the scope of what it means to be impaired, or there is drilling down what the so-called per se limit is, the legal limit, or what the penalties are. Every year there’s new legislation that comes in adding classes, adding ignition interlock devices, expanding to include drugs, and combined influence. Many states, not many states but a few states, have gone to per se limits on marijuana, and those states that have recently legalized marijuana are soon to follow with specific levels of THC in the system that will result in an assumption presuming somebody is impaired.

Bert: Yeah, so the old presumption of innocent till proven guilty is, really doesn’t exist. If they pull you over, they’re just assuming you’re guilty, and you’re immediately in trouble right there.

Mark Rosenfeld: With driving under the influence, more so than with many other crimes, there is, in theory a presumption of innocence. But when someone is stopped under suspicion of driving under the influence, the entire event is watched by law enforcement officers, and they have a goal. They have a bias to stop and make arrests. Whether they result in convictions or not is a different story, but officers get credit, they get their statistics, they get awards, they get overtime pay. It’s very easy to see someone who may appear impaired and throw a label on that, that they’re drunk driving or driving under the influence of drugs and get caught in a very large net in a very big system.

Bert: Yeah, yeah, absolutely. You know what, it’s one of those things where unlike … If I’m drunk or impaired, and I’m stumbling around my house, I hurt myself, that’s on me. If I’m behind a vehicle that could damage property, kill people, it’s a different scenario. I think that’s one of the reasons that both politicians, as well as law enforcement people, are so, what do you call it, aware or heightened or concerned about who is behind the wheel and what kind of condition they’re in.

Mark Rosenfeld: Yeah, absolutely, and it is a very big concern. Like you say, if someone’s in their own house, or even if they’re walking on the street, and they’re impaired, they’re really not going to have an effect on anybody else’s life. But if they get behind the wheel of a car, then they can run that risk of hurting not only themselves, but other people. That’s really our worst nightmare is that somebody is impaired for purposes of driving and gets in an accident, and somebody is hurt or killed. We absolutely want to avoid that, but at the same time, we also want to avoid people who are not drunk of getting convicted of something that they didn’t do.

Over the years, over the decade, the term drunk driving has been falling away, in place for impaired driving, because they are stopping, and arresting, and convicting people, not of drunk driving, not what we would typically assume. We would expect to see where somebody is swerving, lane straddling, having trouble controlling the car. Then when they get pulled over, they stumble, have slurred speech, that type of thing.

They’re taking the limit down to the point where people are actually driving normally, they’re walking fine, they’re talking fine, and they have very low levels, relatively very low levels, of alcohol in their system and still get arrested, because many people, at a .08 are going to show some mental impairment. But many people don’t, and those people are driving okay, but they still get stopped and arrested for driving under the influence.

Get Help Now Bert: Yeah, sure, absolutely. All right, so let’s talk about this. You have a nickname of Mr. DUI in LA there, so I want to talk about winning a DUI or a DWI. How often is that a winnable case, because again, from my understanding, the police pull you over, they’re recording anything you say. In a lot of cases, they have a body cam, they’re recording how you behave and interact. There’s a dash cam that’s recording you. So the minute they pull you over, they’re recording you, they’re questioning you. And if they feel that you’re impaired, again I’m not really sure, you can walk me through the laws. I know that they can draw blood, and I think that as a citizen, you can refuse to have that, or you can refuse to blow, as well. So how winnable are these case? Talk about this.

Mark Rosenfeld: Bert, you would be surprised that there are very good defenses to driving under the influence cases. Like I said earlier, not everybody who’s been arrested is guilty of this charge. There is this bias out in the population that if you were driving, and you blew into a machine, or you did a blood test, then you’re done, and that’s just not the case. That’s something that people think because of the publicity that is put out there, the marketing and the advertising that is done by the government, by the National Highway Traffic and Safety Administration, by police departments, through grant funds, to present this image. They run commercials, they increase enforcement, and they want you to think that if you’re arrested, you’re guilty, and that’s not the case.

There are a lot of good defenses, and jurors will sit and listen when you take these cases to trial, and they will get educated, and they will learn that not everything the government is telling them is true. The jurors can sit and weigh what the right answer is in this particular case.

When we look at a DUI case, and we look at what is the likelihood of success, and what we’re going to win, there’s winning through jury trial, where you get not guilty verdicts. There’s also winning through settlements, through negotiation, if that’s what’s appropriate in the case.

There’s some very big defenses. There are legal defenses, there are legal strategies, using constitutional rights, state rights, to defend a DUI case. Law enforcement officers are supposed to play by the rules, and there are legal defenses in place to help people from the very beginning. The officers need reasonable suspicion to believe that someone has committed a crime before they ever make contact. Once they do make contact, the contact should be fairly limited to a very short period of time, and officers often will violate this law. They will delay, they will extend, detention to the point where it’s an illegal detention, where they keep somebody too long without probable cause.

There’s issues regarding unlawfulness of arrest that need to be looked at, and as you mentioned, when we get to a breath or a blood draw, citizens have rights as far as what they choose to do. The government is required to get a warrant if they want to draw blood. If some officers violate those rights, and they draw blood without a warrant, without an exception, blood test results can be suppressed. They can be thrown out.

If we’re talking about blood, the blood also needs to be drawn in a medically approved manner, and a lot of times that’s not done. Blood is drawn at police stations and jails, in conditions that are not medically approved and not sanitary, and resulting in injury, infection, and can cause problems for someone. When we see those situations come up, we’re often able to get blood suppressed or thrown out, which helps defend cases on legal grounds, just like the rules of evidence will prevent certain evidence from coming in, if it’s not trustworthy and reliable.

So legal defenses is one big field of defense. Another big defense are scientific defenses. The investigation that’s done by the officers is supposed to be scientific, done in a specific way. When field sobriety tests are administered, they’re standardized tests, which are supposed to be given to a person in a standardized fashion and scored in a standard way. If this isn’t done, it’s going to raise doubt as to the trustworthiness and reliability of the investigation, so that is always a big issue.

When we look at scientific defenses, there’s also common rising blood alcohol level. Alcohol levels in a person don’t stay constant. They change over time. When someone is driving, and they may have one blood alcohol level at the time of the test. A half hour later, or maybe even an hour later, their alcohol level has changed. It’s a moving target, which can create opportunities for defense. And there’s more.

Bert: You know what, and here’s the thing. You know this probably better than most people. Again, correct me if I’m wrong, it seems to me that law enforcement and prosecutors are very slow to admit any kind of, I don’t want to say wrongdoing, but they hate to admit that they don’t have a case, they hate to dismiss a case when they do. Am I right? It seems like, as you mentioned, they’ll delay, they’ll prolong, they’ll, what do you call it, ask for a continuance time and time again as they’re trying to build a case, versus just saying, “Hey, we don’t have a case right now,” and dismissing it. It seems like they hold onto stuff. Is my perception wrong?

Mark Rosenfeld: No, not at all, Bert. The prosecution and the prosecution team, which includes not only district attorneys and investigators, but also the police officers in the field, they are very aggressive in the way that they handle cases. It’s a very competitive business for them. Police officers want to make stops, they want to make arrests. Not only do they enjoy that work, but they keep tabs, they keep statistics on the number of stops, the number of arrests that they make, and they can not only make a lot of money in overtime, but work on promotions, and move up in ranks.

It’s no different when you get to the district attorney’s office. They keep track of the number of trials that they do, and they keep track of the number of wins, and if you want to get promoted in the district attorney’s office, you’re going to be trying cases, and you better be winning those cases. It doesn’t look good if you’re pleading all the cases out, and you’re cutting deals, or dismissing cases. The supervisors are going to be looking over the district attorney’s shoulders and wondering why they’re doing what they’re doing.

So cases can be reduced, they can be dismissed, but it’s going to take a good argument and good evidence to explain why that needs to be done. District attorneys and other prosecuting agencies will hold onto cases and will delay cases to get witnesses, find witnesses, and get the evidence that they think that they can, to prosecute a case.

Many times, you find this less likely, but it does happen, and it happens more than people think, but prosecutors will suppress evidence. It will be evidence that’s available that shows that someone may not be impaired, and that evidence never makes it to the defense attorney, and it never makes it to the jury, because it’s not helpful. We see that with the prosecution team as a whole.

You mentioned earlier about video, and the police officers are often required to videotape the entire enforcement contact, but when it gets to something that’s subjective and open to interpretation, like field sobriety tests, the officers, the suspect off camera. The camera’s pointed at the front of the car, and they take the person off to the side, and conduct this whole investigation where you can’t see what’s going on. And many times, for some reason, the microphones don’t work during that part of the investigation as well.

It’s amazing that there’s no record of any repairs or maintenance that needed to be done to the equipment, but off to the side people go. Officers say, well it’s for officer’s safety, it’s for the person’s safety, to make sure that they’re out of the street. Sometimes that’s true, and other times they’re in a well-marked parking lot at 2:00 in the morning, and no one else is around, and there’s no reason why the investigation couldn’t take place in front of a car where we could actually see what’s going on. So there is a competitive nature.

Get Help Now Bert: Sure, sure. Let me ask you this. Somebody gets pulled over. What do I have to comply with, whether I’m impaired or not, whether I think I’m impaired or not? Let’s say I get pulled over for a busted tail light, so they have probably cause to pull me over. And so Mark, specific to California, because that’s the area you work in, what do I have to give that officer? Do I have to talk to him at all? He asks me for my driver’s license and insurance, I can hand that over to him, but I don’t have to interact with him. Walk me through what should I do when I get pulled over?

Mark Rosenfeld: Sure, there’s what the law requires, and then there’s just in reality, what’s going to happen, and what you need to do practically speaking. In the field, when you’re driving, and you get stopped by an officer, the police officer really has unlimited discretion. They could let you go, they could keep you there, they’re very limited supervision.

If you get pulled over for an equipment violation, a broken tail light or something, the conversation should be very brief, polite. You should put all the windows down, keep your hands on the wheel. In real life, they’re not there as your friend to help you. They’re going to write you a ticket, or they’re not, and you should not answer any questions that an officer has about where you’re coming from, or where you’re going, have you had anything to drink. Really the best answer is to say, “I’ve got a friend who’s a lawyer, and he said really I shouldn’t talk to police officers. So here’s my driver’s license, here’s my registration and insurance,” and that’s about it.

The problem is that police officers don’t like that, and it may turn into a bigger investigation, so as little small talk as possible when you’re in the car. Definitely don’t tell someone that, don’t tell an officer, you’ve been drinking, because you’ve just given them a reason to get you out of the car. Don’t tell them that you have not been drinking if you have, because then you’re giving false information to a police officer, and possibly you could be charged with another crime. That’s when the answer of, “My lawyer told me not to talk to the police” is really the only answer you can give. By saying, “I don’t want to talk. My lawyer said not to talk,” that’s the answer.

It’s also important to keep in mind that if a police officer does ask you to get out of the car, the fireworks should be going off, and the flags should be going up. If the police officer’s asking you to get out of the car, things have gone wrong, and they are not going to be getting better. You’re not going to talk yourself out of something once they tell you to get out of the car. If they tell you to get out of the car, at that point, you really need to use your right to remain silent. You may end up going to jail that night. If they’re asking you to get out of the car, you’re probably going to jail anyways. If they ask you to get out, you have to stop talking.

You do not need to do, as long as you’re not on probation or parole, and you’re not under 21, you don’t need to do the field sobriety test. You don’t need to walk the line, touch your nose. None of that stuff is required, but if you are lawfully arrested for Department of Motor Vehicle purposes, you do need to submit to a chemical test, which is a breath or a blood test. It’s just safer to take the blood test. If you are going to be arrested, and the officer offers you breath or blood, just take the blood test. They’ll take you either to a nurse in the jail, or they usually will take you to a local hospital to have the blood drawn, and that’s going to be the best thing to do.

The more you walk and talk and do field sobriety tests, the more information you’re giving them. The whole contact, from the minute they walk up to the window, is a DUI investigation. When they ask you questions about whether you’re under a doctor’s care, they’re not doing that to help you. They’re doing that to build a case against you. So you do not have to do the field sobriety test or answer the questions, but you do, for DMV purposes, have to do a blood test after you’re arrested. I would recommend the blood.

Bert: Right, right. Mark, we’re out of time. Good stuff. I’d love to bring you back and talk more about our legal rights and what to do and don’t do. Again, I think this is a scenario where somebody like you who does it every day, you know exactly what to do and not to do. But for us individual citizens, most of us don’t know what our rights are. We don’t want to be rude, and especially if we feel we have nothing to hide, which is one of those big myths, if you have nothing to hide, you don’t need a lawyer, nothing’s going to go wrong. I’d love to bring you back and talk about that one myth, because that really hurts a lot of people.

Mark Rosenfeld, I want to thank you so much for stopping by.

Mark Rosenfeld: Thank you for having me on the show. It’s been great.

Bert: Alrighty, good stuff there from Mark Rosenfeld.

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