Family Justice Center

Archive for the ‘California Law’ Category

Compared to the other states the employees of Californian state are given more privileges under the Employment Discrimination Law. Under this law the employees have the right to find the job they like and can work provided they are responsible for it.

The Department of Housing and Fair Employment of the Californian state enforced the law of employment discrimination. By this law the employees are protected from discrimination and harassment at work.

The Californian law against employment discrimination provides protection to the employees from harassment and discrimination in several issues. Some of these issues include religion, sex, race, color, marital status, national origin, disability and age. The law also looks into the issues of refusal of leave in case of family, medical or pregnancy leaves and decent accommodations for the disabled.

The law against the discrimination of employees is applicable to those workers inside the state and to those companies which have a work force of fifty or more. The specifications of the law include:
1. Prohibition of the rule of limiting the use of a foreign language at work unless the work demands it. This means that an employee from a foreign country can talk in their native until the work demands the use of English
2. The employers are required to meet the employee’s needs when it comes to the accommodation of the ill or disabled. This means making a user friendly environment which includes desks, special chairs and ramps which can help the employees to perform better.
3. Medical or maternity leaves for at least four months are also expected from the employers.
4. The work place has to be made harassment free by the employers. The harassment includes hostile environment at work, sexual harassment and many more.
5. Prohibition of hiring people based on discrimination, meaning that the selection of workers must not be based on race or color but rather on the merits and qualifications.
6. Retaliating to a complaint or a future complaint by the worker should be prohibited.
7. The discriminated employees can get compensation and the employers will be fined. Attorney fee, reinstatement, front and even back pay are allowed by this law.

Compared to the federal regulations the California law against discrimination is stricter. The law lays emphasis on many important points compared to the federal regulations. The ups and downs of the California law against discrimination of employees end in the same point. Every person in the state can work they cannot be discriminated by the employers in any other terms other than their performance and qualifications.

If you are an inventor, a writer, a musician or a designer, it doesn’t matter if you live in Murrieta, California, San Diego, CA, Mission Viejo, Carlsbad, La Jolla, Westminster, Orange County, Anaheim, Orange, Irvine, Escondido, San Luis Obispo, Rancho Cucamonga, Ontario, Huntington Beach, Temecula or Palm Springs, Palm Desert, or Indian Wells, CA, the law is the same with regard to intellectual property in California. But why are patents, trademarks and copyrights are considered “Intellectual Property?” A good patent lawyer, trademark attorney, copyright lawyer or intellectual property law firm can tell you.

Actually it is the inventions that are patented, the symbols or words that are trademarked and the works of literature, music, film and the like that are copyrighted that are considered to be the intellectual property, but the question is really what makes them either intellectual or property?

Some, if not many of the works that are copyrighted are anything but intellectual, but their copyrights are extremely valuable nonetheless.

A funny looking symbol that becomes a trademark is perhaps more artistic than intellectual, but that symbol can be worth millions.I

nventions are really more inventive than intellectual, but if they work, they can be a benefit to mankind.

So, is it right that any of these things should be considered the property of one and not all of us?

What gives one person the right to protect a set of words or an invention as their own property?

Well, what the law does is reward people for their intellectual efforts. Whether that effort is to paint a beautiful painting, to write a wonderful piece of music or to create a device that makes it easier or more energy-saving to do something, that person deserves to be rewarded. And what the law does is give that composer or inventor a number of years to make a monetary reward from his or her efforts.

Some people question why a composer or inventor still has to go to great cost or effort to then market their works before they get any reward. Why aren’t they simply paid for the creation? Why do they still have to become marketing and advertising geniuses? Why must they even pay filing fees or an attorney to have their works and inventions protected.

The answer is simply a question. Who would pay these writers and inventors? The U.S. Patent and Trademark Office doesn’t have money to pay these people. Nor does the Library of Congress.

The system that is worldwide for protecting the works of our most artistic and intelligent people is not without fault, but it is the best system devised to date, despite the many efforts by pirates and infringers to steal the rewards that should go to these writers and inventors.

Patents, trademarks and copyrights can be extremely valuable. The copyright infringement of a book not long ago resulted in a seven figure settlement. Trademark infringement and patent infringement cases routinely result in settlement in the millions. And patents can be licensed or sold outright for tens of millions of dollars and sometimes more.

If you would like more information on intellectual property, need defense in a lawsuit, or wish to patent an invention or design, trademark a slogan, symbol or phrase, or copyright a literary work, photograph or a musical composition as an example, we invite you to call us.

If you have an intellectual property matter in Orange County, San Diego, in the Inland Empire, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your San Diego Intellectual Property Lawyers, and Orange County and Anaheim Intellectual Property Attorneys. For this reason, be sure to hire a California law firm with copyright lawyers who are ready to serve you in many areas such as Costa Mesa, Anaheim and Pacific Beach so you are properly represented when you need to be.

If you have an intellectual property matter and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn about your rights and options. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.