It is a common story.  A person gets arrested, charged, and convicted of a misdemeanor or felony.  They complete their probation and think that their mistake is in the past and that they can move on with life, but they can't.  They can't get a job.  They can't get that promotion they deserve.  They are ineligible to obtain a license for career advancement.  They cannot move forward.

Misdemeanors and felonies that appear on a person's record can have devastating effects on that person's ability to succeed in life.  It is a sad truth that many employers will turn away those job candidates whose criminal background check reveals a conviction, regardless of the circumstances.  Likewise, a conviction on one's record can make them ineligible to obtain a license to do what they love for a career.

It can feel hopeless to those who have been convicted of a crime and are struggling to move on as a result, but there is a solution.  Under Penal Code Section 1203.4, a person convicted of certain misdemeanors and felonies may petition the court for a dismissal (also known as expungement).  If successful, the conviction is deleted and a dismissal is entered in its place.  As a result, that person's conviction will no longer appear on their record.  All of a sudden, the future looks more bright.

Paschall Law can assist San Diego and Orange County residents who want to clean their record or seek early termination of their probation.  While there are no guarantees and every case is different, our success rate is 100%.  If you want to clean your record and move on with your life, then do not hesitate to contact Paschall Law for a free consultation at (619) 977-7099.  It is never too late to turn things around.  Get started today!

In a ruling that may appear to be at odds with the California Labor Code and IWC Wage Orders, the California Court of Appeals for the Second District ruled that a security company did not violate the applicable labor laws with respect to rest periods by forcing its security guards to remain “on call” during their required rest breaks.  Augustus v. Abm Sec. Servs., 2014 Cal. App. Unpub. LEXIS 9287 (Cal. App. 2d Dist. Dec. 31, 2014).

In Augustus, the security firm defendant admitted to requiring its security guard employees "to keep their radios and pagers on during rest breaks, to remain vigilant, and to respond when needs arise."  California Labor Code Section 226.7 provides, in pertinent part, that "an employer shall not require an employee to work during a meal or rest or recovery period."  It would seem that the security firm's policy would violate Section 226.7.  However, the Court of Appeals reversed the trial court’s finding that the rest breaks violated the employees' rights, noting that the guards were able to and in fact did engage in personal activities, and were relieved of many duties that an active duty security guard was required to actively pursue.  

Considering the guards must "keep their radios and pager on" "remain vigilant," and "respond when needs arise", the ruling seems arbitrary and specious to suggest that the guards were not performing all duties required of the position.  It could be argued that observation is the most important job duty, and that is not being relieved by the rest period pursuant to the policy at issue.

Nevertheless, the Court of Appeals noted that the rest period rules of the applicable IWC Wage Order did not mirror the meal period rules (meal periods require being relieved of all duty, whereas rest periods do not) and rejected plaintiffs’ argument that the meal break standard should apply.

This is a win for those California employers whose industries require their employees to remain on-call during rest periods.  However, applying this decision to other industries and work policies will require an analysis of the particular facts and circumstances.

It is very important that San Diego employers and employees are aware of their rights and responsibilities with regards to meal and rest periods so as to remain in compliance with the law.  If you are an employer who would like to ensure that your policies are lawful, or an employee who suspects that your rights are being denied, then do not hesitate to contact Paschall Law for a free consultation.