California small business attorneyMost companies do everything in their power to abide by the rules. Sadly, there is a select few that refuse to comply with local, state, or federal regulations. They cut corners to save time and money. They fail to provide a safe work environment or refuse to go the extra mile to ensure their products or services are safe for consumption. All these situations put others at risk, which is why the state of California encourages internal reporting from employees - an act also known as “whistleblowing.” Learn more about how the state encourages this activity and why it could matter to your business.

What is a Whistleblower?

“Whistleblowers” are employees that have reported local, state, or federal violations, or hazards that pertain to public or employee health and safety. Some may unknowingly participate in a wrongful act and then report it. Others may recognize the violation and refuse to participate in an action that they feel violates health and safety standards or local, state, or federal laws. In either case, they are protected by the state under the California Labor Code.  

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Fremont traumatic brain injury lawyersSociety tends to think of children as resilient, but they are just as susceptible to head injury during a car crash as adults. Further, children may be at an increased risk for certain long-term complications. In fact, former studies have found that children may be at an increased risk for mental health issues during adulthood if they have sustained a head injury during childhood. Now, a more recent study has linked childhood traumatic brain injuries to an increased risk of adult anxiety and depression. Learn why this may be important to your auto accident injury case, and how an attorney can help.

A Closer Look at the Study

Published in the Journal of Head Trauma and Rehabilitation, the study examined over 120 adults who had experienced mild to severe traumatic brain injury (TBI) during childhood. It had been at least 10 years since the injury for most, and 15 years or longer for some. Regardless of the severity of their injuries, all the adults in the study were five times more likely to have an anxiety disorder than adults without a history of TBI. They were also four times more likely to suffer from depression, panic attacks, or phobias. It should also be noted that individuals who suffered moderate to severe TBIs had the highest risk for an anxiety disorder; they were also more likely to suffer from multiple disorders than those with less severe TBIs.

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Fremont wills and trusts lawyerEstate planning can be a complex matter, with state and federal laws to consider, but the initial steps do not have to be complicated. In fact, almost anyone can complete an effective estate plan with the right mindset and good advice. Learn more about these initial steps, and where you can find help, with the following information on effective estate planning in Fremont, California.

Know What You Own

From your beloved baseball card collection to real estate and the remainder of your retirement plan, it is crucial that you know what you own before you start the estate planning process. Start by gathering detailed documents on financial accounts (i.e. bank accounts, savings bonds, retirement accounts, etc.), real estate, vehicles, and other large or monetary items. Then make a list of family heirlooms and assets that may hold value. If necessary, have items appraised so that you know how much you are leaving to each of your heirs.

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California bus crash lawyerEstimates indicate that some 700 million people in America are transported by bus each year. Whether they are traveling by school bus, public transit bus, charter bus, or a tour bus, these riders count on the driver to help them safely get them from one location to the next. Unfortunately, this does not always happen. Accidents do occur, and sometimes they result in serious injury or fatality to the passengers. Learn more about the causes and consequences of bus accidents with help from the following information.

Common Causes of Bus Accidents

Like with auto accidents, driver error is the most common cause of bus accidents. Some of the most common causes include:

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Fremont business law attorneysHiring employees is a complex process, and it can be full of missteps and legal obstacles. Knowing how to avoid them and mitigate against them can be crucial to the future of your company. Learn more about the most common mistakes that California business owners make, and what you can do to avoid business litigation, with help from the following information.

Placing Job Ads with Discriminatory Language

Federal and state laws prohibit discriminatory language in the job postings of California employers. That includes posting a job ad that discriminates against someone because of their gender, religion, medical condition, disability, mental illness, sexual orientation, age, national origin, marital status, ancestry, or perceived sexual orientation. Examples of such language would include “youthful female,” “strong male,” “female,” or “faith-based employee.”

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Fremont electrical burn injury lawyerOur world practically revolves around electricity. It lights our homes, powers our tablets and computers, and even fuels the stoplights that help us travel safely from one place to the next. Unfortunately, this powerful tool is also extremely dangerous. Even minimal contact can lead to burn injuries. In severe cases, those injuries can cause death. Learn more about electrical burns caused by defective products, including how to determine if you may be owed compensation.

Causes of Electrical Burns

Electrical burns can be caused in many ways, but those that are related to defective products typically occur at home, or at work. A homemaker can turn on their dryer and experience an electrical burn. A worker in the manufacturing industry can go to use the same equipment they have used for years, but then it can malfunction. In all truth, the possibilities are endless, and they are within your home, at your job, and in your everyday life.

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Fremont wills and trusts attorneyIn most cases, the assignment of assets to one heir is straightforward; you only need to determine a creative way to decrease the tax load. In contrast, assigning assets to multiple beneficiaries is generally complex. Not only do you have to decide how to increase the overall amount each person receives after their tax costs, but you must also discern whether to distribute the assets fairly or equally. What is the difference between these two options, and which one is most appropriate for your estate plan needs? Read on to find out.

Fair or Equal – What is the Difference?

While some people use the terms fair and equal interchangeably, the two terms are quite different from one another. To split things equally means to give everyone the same amount, but fair distribution is not always equal. Sometimes, it may appear that one heir has “more,” but the truth is that they have more for a very particular reason.

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California spinal injury lawyerSpinal cord injury victims often experience depression and fatigue after their injury. Caused, perhaps, by a mixture of issues that range from decreased social interaction, lack of sunshine and mobility, decreased social interaction, pain, trauma, and more, these ailments can be further exacerbated if the patient also suffers from vitamin D deficiency. Thankfully, one study has found that high-dose vitamin D supplementation could ease the severity of both symptoms, even among those who are not deficient. 

Vitamin D Supplementation for Spinal Injuries

Scientists have previously found that spinal cord injury victims are between four and five times more likely to develop a vitamin D deficiency than able-bodied people. As it turns out, depression and fatigue are some of the most commonly experienced symptoms among those who have deficient vitamin D stores.

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Fremont business law attorneyOvertime pay, or pay that extends above and beyond an employee’s regular pay, is typically required when an employee meets certain criteria. Employers who fail to comply with the law can face legal consequences, including the requirement to pay damages for an employee’s lost wages. In the end, this could cost far more than it would have to pay the overtime in the first place. Avoid this common cause for litigation with help from the following information.

California’s Overtime Pay Law

As an employer, you have the right to require overtime work from your employees. However, you must be willing to pay them the appropriate amount. In California, this means paying employees one and one-half times their regular wage for any workday that exceeds eight hours and amounts up to 12 hours. This same amount is also paid for the first eight hours of an employee’s seventh consecutive day worked.

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Fremont defective airbag lawyerIt has been years since the Takata airbag debacle began, but many California drivers are still driving around with the dangerous airbags. Some have failed to respond to the recall notice to have the faulty airbags replaced, but far more are experiencing issues because the part they need is not available. In either case, these drivers remain at risk for death and serious injury. Learn more about getting your airbag replaced and what you can do if you or someone you love has been injured because of a defective Takata airbag.

Examining the Potential Risks

At least 11 Americans have suffered fatality from the faulty airbag inflators – three of which were from California. Many others have suffered severe injuries, including lacerations to the face and neck, broken teeth, facial fractures, and loss of eyesight. What is worse, such injuries can occur, even at low speeds. Also, the airbags are well known for sending metal shrapnel throughout the cabin, which can place all passengers (including children in the backseat) at risk for death or serious injury.  

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Fremont estate planning lawyerEstate plans typically involve human heirs, such as children and grandchildren, but this is not always the case. Some individuals have non-human dependents to consider. Does that mean everyone should include their pet in an estate plan? Not necessarily, yet it might be worth considering if there is even the slightest possibility that your companion may outlive you. The following explains why this provision might be necessary, and how you can take the first step toward implementing it in your estate plan.

Why Plan for Your Pets?

When the owner of an animal dies or becomes incapacitated, the pet often ends up at a shelter. It happens so frequently, in fact, that some 100,000 to 500,000 pets wind up in shelters because of an owner’s death or incapacitation. How do these once companions end up in shelters?

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California car crash lawyersDuring the 2016 election, California voters approved the legalization of recreational marijuana. On one hand, this could prove to be a positive thing because it is expected to bring in up to a million dollars in tax revenue for the state each year. On the other, it could increase the risk of injury and fatality to California’s road users. Learn more about how the legalization of marijuana and its potential to cause a spike in the number of drugged driving accidents throughout the state, and what rights victims have in such situations.

A Look at Drugged Driving in Other Legalized States

Statistics from the U.S. Office of National Drug Control Policy show that drugged driving rates spiked drastically in Colorado after the legalization of recreational marijuana. Overall, the organization found that the number of drivers testing positive for marijuana use rose from just 10 percent in 2009 to 19 percent in 2014 (the year of legalization). Moreover, they determined that the rate of marijuana-related traffic fatalities had spiked by 32 percent in the year of legalization.

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Fremont business litigation lawyersMany retail businesses run sales, and for good reason. They entice new customers to come in and check the store out and encourage loyal patrons to come in and buy more. Yet there are some rules about retail sales in California. Four major retailers are being accused of breaking these rules and, depending on the outcome of their case, they could serve as an example to other companies that fail to comply with state law.

Four Retailers Facing Possible Litigation

According to CNN Money, there are four retailers facing possible litigation with the city of Los Angeles. They are being accused of misleading their customers on the difference between sale price and market price of their products. In other words, customers are allegedly getting less of a bargain than they had thought.

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California construction accident lawyerConstruction work is needed to keep our roads in good condition, to expand our cities, and repair our buildings. Unfortunately, this repair, maintenance, and growth often comes at a price - the death of innocent people who simply happened to be in the wrong place at the wrong time. If you or someone you love has lost a family member in a construction accident, the following information can help you better understand your rights, including your right to pursue a wrongful death claim.

The Recent Loss of a California Family

Recently, a San Francisco woman killed by the toppling of a gravel truck. Just prior to the accident, the woman was trying to back out of her driveway. A construction worker was guiding her. Sadly, the gravel in the truck shifted and caused it to tip over. The entire thing landed on top of the woman’s car, with her young daughter in the driveway. Paramedics arrived on the scene and pronounced her deceased. Neither she, nor the baby growing inside of her, survived.

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Fremont estate planning lawyerThere are often changes to estate tax laws when a new administration enters office, so the fact that President Trump plans to repeal the estate tax is not all that surprising. California’s decision to change their estate laws, should the repeal go through, is a little unexpected. Yet, given the controversy surrounding the new President, it is not really any more surprising than the repeal itself. It does create some interesting obstacles for wealthy California residents - and you should be fully aware of them. The following explains further.

What the Repeal Should Mean to California Residents

If President Trump were to repeal the estate tax law, those that are currently required to pay a 30 percent estate tax (taxpayers can pass up to $5.45 million to heirs, tax-free, and married couples can pass a total of $10.9 million) would no longer have to do so. When totaled, it is a pretty significant cut out of the estate. In fact, 2015 taxation totals on just half of the 10,800 estate returns filed amounted to more than $18 billion.

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California car crash injury attorneyAccording to data from the Centers for Disease Control and Prevention, some 2.5 million Americans experienced an auto accident injury that required emergency medical treatment during 2012 (the most recent year for which statistics are available). Overall, that same care is expected to cost victims some $18 billion throughout the course of their lives. Those accidents also cost victims about $33 billion in lifetime employment earnings.

While not all accidents can be prevented, there are ways that victims can mitigate their risks. This is especially true when it comes to reducing the risk of serious injury - and all starts with choosing the right vehicle for you and/or your family.

Using Safety Ratings to Choose Your Vehicle

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Fremont business law attorneyFew small business owners are raking in the cash. In fact, many have only a month or so of reserve in place, should an emergency closure happen. It is this lack of financial security that can place small businesses at serious financial risk during a lawsuit. California state recognizes that risk and has taken proactive steps to protect small business owners from lawsuits under the Americans with Disabilities Act (ADA). Learn more about this protection, and why it is important, with help from the following.

Understanding the Americans with Disabilities Act

The ADA was put in place to protect those with disabilities. It explicitly prohibits the discrimination against any individual with disabilities in the workplace, public accommodation, government activities, transportation, and communication. All this essentially means that employers, businesses, transportation providers, and even government agencies must accommodate disabled persons according to the law.

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Fremont personal injury lawyerAmerica is full of busy people. There are workers rushing to their jobs, and parents shuffling their children off to school and soccer practice. Then there are those who are running late to a doctor’s appointment, or in a hurry to get to the airport. Unfortunately, all that hustle and bustle means that some drivers are going faster than they should. That can increase their risk of causing an accident, and may also lead to more serious injuries for victims. If one has happened to you or someone you love, know your rights - including your right to pursue full and fair compensation.

Respect for Speed Limits is Deteriorating

While most people do recognize that speed limits are the law - not a suggestion - researchers suggest there is an erosion of respect for those laws. In fact, a 2002 study found that one-third of drivers admitted to regularly driving at least 10 miles an hour faster than other road users. These were all self-reported incidents, which suggests the numbers could be much higher.

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Fremont estate planning lawyerWhen children grow up and start their own families, grandparents may want to consider a reevaluation of their current estate plan to ensure they have made provisions for their grandchildren. This may be especially critical if there are any special circumstances, concerns, or issues within your family. Learn more about leaving an inheritance for grandchildren with help from the following information.

Making Provisions for Minor Grandchildren

Leaving behind a gift or inheritance to a minor child (those under the age of 18) is a fairly complex matter. You cannot simply leave them the assets and hope it all works out. Instead, you must appoint a guardian to manage and oversee the assets until the child becomes of age, or until they are able to manage the money on their own.

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Fremont personal injury lawyerTraumatic brain injury can happen to anyone, and at any age. When it does, the end result can be catastrophic. This is especially true in cases involving serious injury and excessive brain swelling. Unfortunately, there are no medications to treat the swelling at this time - only drugs that help to improve the end outcome of patients who manage to survive. Thankfully, recent studies suggest an answer may be on the horizon, but with one major catalyst: it may only work in adults.

Antibiotics and TBI Swelling in Children and Adults

The potentially deadly implications of TBI do not typically come from the injury itself. Instead, it is generally caused by the post-injury swelling of the brain. Previous studies have suggested that genetics may play a role in the severity of this swelling, but no one really knows why some are more prone than others to rapid and life-threatening swelling.

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Willett Law Firm

39300 Civic Center Drive, Suite 310
Fremont, CA 94538

Phone: 510-791-2244

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