#overtime attorney Los Angeles | Explore Tumblr posts and blogs

beardedmrbean · 1 year ago

Text

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.

#nunyas news #extended gamer moments here

19 notes · View notes

renowebdesign · 2 years ago

Text

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.

#Danville Ca Mediation #Wage Mediator Danville Ca

6 notes · View notes

fosilsblog · 17 days ago

Text

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.

#employment lawyer los angeles

0 notes

1000attorneysworld · 18 days ago

Text

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. 💪🌟

1 note · View note

leichterlawfirmapc · 2 months ago

Text

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

#Indpendent Contractor Claims

1 note · View note

andreyrecharles · 5 months ago

Text

#law #lawyer #legal #1950s #los angeles

1 note · View note

dankusner · 6 months ago

Text

Gregory Antollino — March 28, 2022

Re: Instagram photo by Gregory Antollino • Mar 25, 2022 at 8:24 PM

youtube

Links

Instagram instagram.com/Marcellit0

Twitter twitter.com/civilrightslwyr

Photography gregshots.com

Legal services antollino.com

youtube

Judge Scolds Atty For 'Hostile' Court Messages, Limits Access

A New York federal magistrate judge admonished a solo practitioner for sending multiple emails and leaving a voicemail with the court that were "disrespectful, hostile, and largely unrelated to the substance of" a case by a group of health workers accusing a staffing company of profiteering from the COVID-19 pandemic and putting them at needless risk.

U.S. Magistrate Judge Ona T. Wang did not identify the plaintiffs' lawyer in her order on Monday.

But the attorney is Gregory Antollino, who fired back in a filing Tuesday morning, arguing that Judge Wang's order limiting his contact with the court "attacks me publicly" and did not "allow me to respond in kind."

Antollino, who's representing a group of nurses or nurse practitioners who brought the underlying case in April 2020 against Krucial Staffing LLC and its CEO, also asked the judge for permission to file a two-page letter in which the attorney plans to ask for Judge Wang's recusal.

He said the jurist's characterization of his communications to the court was done "in an ad hominem manner" that "not only violated your rules but showed an appearance of impropriety."

By Khorri Atkinson ·

November 23, 2021, 4:34 PM EST

a case by a group of health workers accusing a staffing compan

Allen et al v. Krucial Staffing, LLC et al

Case Number: 1:20-cv-02859

Crises nurses for-temporary-hire join battle on coronavirus front lines Published July 23, 2020 EDINBURG, Texas — Visiting nurse Gabriel Leyva, 34, second from left, of Downey helps treat a COVID-19 patient in Edinburg, Texas, where hospitalizations and deaths have spiked this month. (Carolyn Cole / Los Angeles Times)

Crisis nurse Catrina Rugar was in full protective gear, checking a ventilated patient at a new COVID-19 unit in Texas’ Rio Grande Valley, when a doctor stopped to ask how old the man was: 40.

“They keep getting younger,” Rugar said.

Doctor and nurse bemoaned how people in Florida and Texas were ignoring pandemic restrictions.

“No one’s seeing us drown in patients,” Rugar said.

Rugar is part of an army of thousands of nurses and other medical staff, including some from Southern California, who were deployed first to New York City at the start of the pandemic, then to south Texas this month to battle the virus.

Contracted by staffing agencies that set up temporary offices in Rio Grande Valley hotels, registered nurses are paid $95 an hour ($142 an hour for overtime) plus travel expenses to work 12-hour shifts, seven days a week for months at a time (nurse practitioner jobs pay more).

“You thought NYC was the biggest activation in American history with 4,500 medical professionals? So did we,” the Krucial Staffing agency said in a job posting on Facebook last week seeking nurses and other medical staff. “Our operations have moved to the great state of Texas. We are on track to eclipse that number.”

Catrina Rugar, 34, a traveling nurse from Florida, responded first to hospitals in New York, then Texas’ Rio Grande Valley, where she was treating COVID-19 patients in Edinburg last week. (Carolyn Cole / Los Angeles Times)

A lawsuit filed by seven former Krucial nurses in New York this spring alleges they were forced to work without sufficient protective equipment and to perform work beyond their scope of training, putting them and their patients in danger.

When they complained, they said they were fired.

“Based on information from many former Krucial nurses — not just my clients — Krucial’s practices risk people’s lives by sending in unqualified nurses who are attracted to the high pay,” said Gregory Antollino, a New York-based attorney representing the nurses in their lawsuit.

Krucial Staffing, based in Overland Park, Kan., released a statement Friday saying it “vehemently denies the claims asserted in that lawsuit. We fully intend to defend our company from these false allegations.”

Rugar, who worked for Krucial at the 530-bed DHR Health in Edinburg, said the hospital was better prepared than those she staffed early in the pandemic in Harlem and the Bronx.

But the Texas facility was still in crisis, she said, forced to cope with shortages of equipment and personnel amid a seemingly endless stream of critically ill patients.

One of the women on a ventilator she cared for last week had already lost her husband to COVID-19.

This week charter buses and vans ferried nurses from valley hospitals to hotels, where staff placed “Healthcare heroes” signs on their doors, thank-you banners in lobbies and ear plugs at the front desks for those on the night shift. At morning and evening shift change, nurses in scrubs and pink respirator masks arrived in groups. Some asked hotel staff for trash bags to carry their soiled scrubs; others for deliveries. Some had ordered protective equipment such as gas masks in advance, unsure what conditions they would face in COVID units.

Hotel halls were lined with their clogs and sneakers, which they left outside to avoid contaminating their rooms.

Traveling nurses staying at hotels around McAllen, Texas, take buses to local hospital to work in the COVID-19 units. (Carolyn Cole / Los Angeles Times)

“We just have to try our best,” said Rugar, 34, who has worked as an emergency room nurse for a decade. “We’re making progress.”

Rugar, who lives in Crystal River, Fla., said she was skeptical about the pandemic when she arrived in New York, but quickly realized the severity of the risk and was “a changed person” when she left 39 days later.

She gets frustrated when she sees people refusing to wear face coverings and practice social distancing or calling the pandemic a hoax.

Her husband and brother are nursing assistants temporarily assigned to a different south Texas hospital.

But Rugar said even her Cuban American family back in Florida had their doubts.

“There’s people saying, ‘Oh, the media’s lying. The numbers are fake.’ There’s a lack of trust,” she said, until people get infected. “Then they want all the help they can get.”

She planned to return to Florida this week with her husband and brother to quarantine for two weeks, then continue working at COVID units there.

Working with Rugar on the COVID-19 team in Texas was contract nurse Gabriel Leyva.

When the pandemic began, Leyva, 34, a single father raising a 7-year-old, was only a few months out of nursing school at Cerritos College, working at Rancho Los Amigos National Rehabilitation Center in his native Downey.

“I didn’t know what I was getting into,” he said.

Nurses Catrina Rugar, Hannah Woodward and Veronica Gomez treat a COVID-19 patient in Edinburg, Texas. (Carolyn Cole / Los Angeles Times)

He said his parents worried about his safety when he left for a six-week assignment in New York.

“One of the things my dad asked me was, ‘What assets do you have set aside for your daughter if you die?’” he said.

But Leyva said he’s learned how to safely work as part of ever-evolving teams to treat the coronavirus.

“It’s nurses from all over the nation coming together to overcome this virus,” he said. “You learn to adapt quick. It’s something I’m learning with each deployment.”

One of his friends from nursing school is also deployed in Texas, Jaime Zamora, 30, of Santa Fe Springs.

Zamora had just graduated in February when the pandemic started, and he said he went straight to New York because “I wanted to find a way to help.”

In New York, he worked the day shift on a psychiatric medical unit full of COVID-19 patients at Bellevue Hospital.

Leyva worked night shift.

In the evenings at shift change, their spirits lifted when residents of an adjacent apartment building would open their windows and clap.

That doesn’t happen in Texas, and after three weeks Zamora said he often feels drained, emotionally and physically.

He’s seeing more people infecting their loved ones.

“I’m constantly arranging FaceTime calls with entire families. I’ve seen many brothers and sisters crying. It’s a family disease,” he said.

A nursing job’s waiting for Zamora at Los Angeles County-USC Medical Center. But he plans to stay in Texas for at least another week, maybe two.

“That’s what I became a nurse for: to help,” he said. “I’m working every single day until it’s time to go home.”

Greg S. Antollino

Frank E. Antollino Obituary

Frank Antollino, 80, of Branford, CT passed away peacefully while surrounded by loved ones on Friday, September 8, 2023 after a valiant battle against a long illness. Born in New Haven, he was the son of the late Ernest & Rose Antollino. He grew up in the Cove area of New Haven, attending Nathan Hale School and eventually Notre Dame High School prior to the family moving to Branford. He spent time working for his father Ernest and his many uncles at their Golden Crest Ice Cream plant during his high school and college summers. He attended Providence College and then onto Suffolk Law School in Boston. Upon graduation, Frank was initially a prosecutor in New Haven for a short time until he and his late law partner of 50 years, Charles “Chuck” Angelo, opened their private practice together. He was a well-known attorney in the greater New Haven area, well respected, and sought after by many. He worked as an attorney up until he became ill as the law was one of his joys in life, along with making and eating authentic Italian food like his mother Rose made, enjoying his wife Charlene’s expert home cooking, and taking past trips to NYC and Newport, RI with her. He was also an avid NY Giants fan, but also looked forward to watching most football games. Holiday celebrations will always be remembered and cherished as a time to spend with family and to enjoy delicious food together. He was predeceased by his parents and his two beloved sons, Christopher and Gregory “Scott” Antollino.

He is survived by his loving wife of 40 years, Charlene Antollino of Branford, his daughter, Robin Antollino-Bukoski of Worcester, MA, his sister, Roberta Antollino of Branford, and his three grandchildren, Ryan, Dylan, and Jillian Bukoski. He also leaves behind two stepsons Scott (Danielle) Craig of Wallingford, CT and Damon (Amy) Golia of Mathis, Texas along with his bonus granddaughters Alyssa, Briana and Caitlyn.

We would like to thank the very special nurses who took extra good care of Frank on the 7-5 Unit at Yale New Haven Hospital.

A memorial service will be held at the W. S. Clancy Memorial Funeral Home, 244 North Main Street, Branford on Thursday, September 14th with 5-7pm calling hours and at 7pm will be a Celebration of Life.

In lieu of flowers ,, it would be appreciated that memorial donations may be made to a charity of your choice.

Texas Attorney General Ken Paxton has sued the Equal Employment Opportunity Commission, the U.S. Department of Health and Human Services, U.S. Attorney General Merrick Garland, and other officials in the Biden Administration to stop an unlawful attempt to redefine federal law through agency guidance.

This lawsuit is Attorney General Paxton’s 75th legal action against the Biden Administration.

On April 29, the EEOC issued guidance that would redefine the meaning of “sex” in Title VII of the Civil Rights Act of 1964 to require employer accommodations for bathroom usage, dress code compliance, and pronoun usage in the workplace based on “gender identity” rather than biological sex.

However, doing so directly flouts a prior ruling Texas won stopping a substantially similar guidance issued by the EEOC in 2022.

According to that ruling, the agency lacked any authority to mandate a reinterpretation of the law and the court vacated the guidance in its entirety.

The court also issued a binding declaratory judgment between Texas and EEOC that Title VII did not require employer accommodations for bathroom usage, dress code compliance, and pronoun usage to be according to “gender identity” rather than biological sex — which the Biden Administration did not even appeal.

The renewed attempt by the Biden Administration to remake Title VII through agency action contradicts the previous ruling and is clearly unlawful.

Attorney General Paxton has asked the court to enforce its declaratory judgment, vacate the illegal guidance from April 29, and grant injunctive relief preventing the Biden Administration from issuing further guidance and other resources that are “contrary to law.”

“Yet again the Biden Administration is trying to circumvent the democratic process by issuing sweeping mandates from the desks of bureaucrats that would fundamentally reshape American law,” said Attorney General Paxton. “Texas will not stand by while Biden ignores court orders forbidding such actions and will we hold the federal government accountable at every turn.”

Re: Instagram photo by Gregory Antollino • Mar 25, 2022 at 8:24 PM https://www.passengersjournal.com/volume-2-issue-6-visual-art

A note from the artist:

This is an image I took of Sylvia Rivera at the corner of 12th Street and Fifth Avenue in Manhattan, Gay Pride 1993. She was a Stonewall Survivor and wore her banner with pride. Her outfit is completely together for a blinging hot day.

What’s going on in her mind?

Is it just an unflattering picture that makes Sylvia seem confused? (Please forgive the photographer; Pride is busy, even a kilometer from Christopher Street. The sun was not in my favor.)

Nevertheless, suspending disbelief and judging from her gaze, which I shot from a lower angle, I see fear; I see rage; I see a person unaccepted not only by society, but the bougie onlookers who had no idea what she had done for the Queer Struggle.

I thank Passenger’s Journal for taking this, even the scan of a photo – one I probably printed at CVS – which was not quite right: too dark and overexposed. I found the negative just a month ago, having forgotten that I had submitted this. Then I misplaced the negative, along with another important shot, the one that leads all of the photos on my hobbyist website. Then, Manolo Salas, an editor with Tony Vaccaro Studio, rescanned the negative and let in light. I didn’t know of Sylvia Rivera in 1993, and only realized I had taken this shot, after rewatching “The Death and Life of Marsh P. Johnson,” by David France. Sylvia’s struggle, in my opinion, is the thematic heart of that story. Then I just happened to be looking though albums and there she was.

It's been a tough couple of years for us all. We were already trapped by the pandemic. Because we couldn’t travel, it made me feel doubly secluded. I’m by nature an explorer always looking for something new to record. In life, I am (mostly) satisfied practicing law, but during the worst of the pandemic I needed to retravel to places I had been and, in doing so, I regained some optimism.

In Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020),[1] the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex.

The Court reached its holding by focusing on the plain text of Title VII.

As the Court explained, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

For example, if an employer fires an employee because she is a woman who is married to a woman, but would not do the same to a man married to a woman, the employer is taking an action because of the employee’s sex because the action would not have taken place but for the employee being a woman.

Similarly, if an employer fires an employee because that person was identified as male at birth but uses feminine pronouns and identifies as a female, the employer is taking action against the individual because of sex since the action would not have been taken but for the fact the employee was originally identified as male.

The Court also noted that its decision did not address various religious liberty issues, such as the First Amendment, Religious Freedom Restoration Act, and exemptions Title VII provides for religious employers

#Youtube

0 notes

birminghamlawattorney · 7 months ago

Text

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.

0 notes

danielchammasattorney · 1 year ago

Text

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.

#Daniel Chammas Los Angeles

0 notes

danielchammas · 2 years ago

Text

Working “Off the Clock”

Daniel Chammas is an experienced Los Angeles attorney with a focus on employment law. Since 2016, he has served as a partner in the Los Angeles offices of Ford & Harrison. One of Daniel Chammas’ areas of expertise is a claim for “off the clock” violations. The term “off the clock” refers to labor that goes unpaid or fails to yield stipulated overtime pay rates. This practice defrauds employees…

View On WordPress

#Daniel Chammas Los Angeles

0 notes

dailyretrogames · 2 years ago

Text

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).

#rollergames #konami #1990 #nintendo #nes #arcade

3 notes · View notes

beardedmrbean · 3 years ago

Text

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.

#nunyas news

5 notes · View notes

cummingsandfranckblog · 4 years ago

Text

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!

#wrongful termination Los Angeles #employment attorney orange county

1 note · View note

ejlglaw-blog · 5 years ago

Link

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.

#employment attorney

1 note · View note

mrduilalawoffice · 5 years ago

Text

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.

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/]

1 note · View note