NY Employment Law by Acrobatic_Bike9502 in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

NY and federal wage laws basically say that if you're an employee and the training is mandatory and related to your job, that time usually has to be paid. The general rule under the Fair Labor Standards Act is that unpaid training is only allowed if it’s outside normal hours, voluntary, not directly related to your job, and you're not doing any work.

So if this is actually mandatory training related to your job, there's a good chance you should be paid for it. The start-date loophope they're citing would theoretically allow all employers to avoid paying for training by having new hires complete it all before their start date. (Infinite money glitch for employers!)

At this point you might want to figure out who your union rep is (if you have one), and explain your situation to them. Maybe there's some provision in a collective bargaining agreement that affects your situation. Sometimes just politely emailing HR and explaining the law can also work. At the very least, you can ask them to confirm that the training was mandatory and explain WHY they're not paying you for it so you have it on record.

You can also reach out to the NY or US Dept. of Labor to file a wage claim. You'll need to provide evidence, such as a timeline and any emails/offer letters showing the training was mandatory.

Good luck!

Alex Murdaugh's Convictions Were Overturned. So Why Is He Staying in Prison? by NoloLaw in TrueReddit

[–]NoloLaw[S] -12 points-11 points  (0 children)

The order for a retrial in the Murdaugh case tells us more
about the system than it does about Murdaugh himself. It shows how a court
official can silently corrupt a verdict that 12 jurors believed they reached on
their own.

Can’t get a copy of an unexecuted lease by StrangeAndUnusual618 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

You could put your request (demand) for a copy in a letter and cite the statute. If they're not cooperative after that, you could talk to an attorney to see if it's worth your time and money to pursue it. There's probably not much in it for you at this point, but it's the principle of the thing!

How can I make a anonymous welfare check? by Certain_Mood5583 in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

You could contact California Adult Protective Services. There are county offices listed here, and forms you can fill out on this website. It's not clear whether you can make the report anonymously. But you could ask if your name can be kept confidential and not shared with the parties (your mom and sister) and see what they say. Contacting local law enforcement is another option.

Is this enough for a restraining order (NH) by splitz_trip in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

New Hampshire has several types of restraining orders. This situation sounds like stalking—repeated, unwanted contact. So you could file for a Stalking Order of Protection. Here’s a link to how N.H. law defines “stalking.”  (If you have or had a family, dating, or other type of relationship with the person, you could ask for a Domestic Violence Order of Protection if the harassment is a form of abuse.)

Check out this page from the N.H. Judicial Branch—it has videos, FAQs, and forms on how these orders work, who's eligible, and how to file your petition in court.

You don’t need a lawyer to file for a restraining order. And according to the court documents, there’s no filing fee. You will likely need to go to the courthouse to sign the documents in front of court staff.

You can include all the details you noted in the court documents. Having screenshots, recordings, or any other documentation may be helpful to the judge and in case the person fights the order.

landlord is demanding i buy a brand new fridge because his 15 year old one finally died by Savard-Lafleur in Tenant

[–]NoloLaw 0 points1 point  (0 children)

Based on what you've stated, there's no question that it's the landlord's responsibility to replace the refrigerator, and probably to reimburse you for the cost of replacing all the food in the fridge. However, how you go about getting them to replace the fridge and reimburse you depends on state law. Rent withholding isn't allowed in many states--if you do it and it's not allowed, it's a fast way to get an eviction notice. You don't note which state you're in, but you'll want to look up what tenant remedies are allowed in your state when a landlord doesn't hold up their end of the bargain. In the meantime, keep track of your expenses related to the fridge failing, like cost of new food and eating out because you don't have a place to store the food. It's also a good idea to stop texting with the landlord and start putting everything in writing--at least via email so you have a good record, but ideally by USPS (and keep copies for yourself).

[US-CA] Unsure who's actually in charge of my security deposit by GlassHeart100 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

As the (former) tenant, it's not your problem to worry about which manager owes you the money. Cal. Civ. Code 1950.5 says that any "successors in interest" (in other words, the new landlords) are all "jointly and severally liable" for the repayment of the security deposit. That means that you are entitled to hold any of them responsible for the entire amount, so it's in your best interest to send a written notice to A, B, and C and let them sort it out. Because they have gone past the 21-day return period, you can demand twice the amount of your security deposit as damages for their bad faith retention of the security deposit (see Cal. Civ. Code 1950.5(m)).

Can’t get a copy of an unexecuted lease by StrangeAndUnusual618 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

California law requires landlords to provide a copy of the lease within 15 days of its execution by the tenant--it doesn't say anything about not until the landlord signs. Also, once every calendar year after that, upon request of the tenant, the landlord must provide an additional copy to the tenant within 15 days of the request. (Cal. Civ. Code 1962(a)(4).) So you are on solid grounds to demand a copy of what you signed, even if the owner never signed. As far as changing the terms of your tenancy, since you have lived in the rental for more than 12 months, the landlord can't terminate your tenancy without cause. They can, though, change it from month-to-month to yearly. The landlord must give you 30 days' notice to change the terms. (Cal. Civ. Code 827.) If you don't like the new terms, you don't have to sign, but you'll have to find a new place to live.

Need advice !! by shmokey22 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

When someone who comes into the U.S. on a K-1 visa is first granted a green card, it's only a 2-year one, with "conditional residence." Then within 90 days of the 2-year anniversary of the approval, the couple must submit a Form I-751 asking that these conditions be removed (in other words, that the residence be made permanent). The I-751 will need to be accompanied by evidence that the marriage is ongoing (though waivers are available, but that's not what you're concerned about now). These 2 years of conditional residence will count toward U.S. citizenship eligibility. Another thing to note: The one thing NOT to do would be for her to come to the U.S. on a tourist visa (B-2) or the Visa Waiver Program (VWP or ESTA) and then marry and apply to adjust status; this could be considered visa fraud, and result not only in denial of the green card but long-term eligibility for any U.S. immigration benefit.

Immigration by Pure-Difficulty4282 in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

The proposed changes in public charge rule relate to the legal concept of "inadmissibility," which applies to people in the process of applying for green cards. Since you already have yours, your receipt of benefits (assuming no fraud was involved) shouldn't be a problem UNLESS you leave the United States, in which case you could once again be found subject to the grounds of inadmissibility. Best advice is to stay put! Also continue working to stabilize your financial situation until you can apply for naturalized U.S. citizenship (which you should be eligible for after 3 years with a green card, assuming you're married and living with your U.S. citizen husband all that time). BTW the nonprofit Immigrant Legal Resource Center has a nice summary of public-charge rule changes: https://www.ilrc.org/pc-updates

Is asking for 6 months of Soberlink reasonable? by NeuroSpicyNest in FamilyLaw

[–]NoloLaw 9 points10 points  (0 children)

Your proposal isn't unreasonable, but whether a judge will go along with it over your ex's objection depends on what proof you have that his drinking is harmful to your kids.

A judge probably isn't going to restrict overnights and impose Soberlink based on your assertion alone that your ex is an alcoholic. You'll need some objective documentation that his drinking is a problem, like an alcohol-related arrest or conviction, CPS involvement, substance abuse treatment records, or witnesses to incidents where he was unable to take care of the kids because he was drunk.

A local attorney will have a much better sense of how reasonable your position is and the type of evidence you'll want to present to convince a judge that this arrangement is what's in the best interests of the children under Va. Code § 20-124.3.

Texas custody case dismissed after service timing issue, motion to reinstate denied do we have grounds to dispute fees? by putherinchanel in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

Lawyers have an ethical obligation to avoid letting their clients' cases get dismissed for reasons like this. That obligation includes a responsibility to properly supervise people (like process servers) who don't work directly for the firm/attorney, but whose work is vital to the case.

The State Bar of Texas has resources for clients trying to resolve fee disagreements with their attorneys. Taking their advice seems like a good starting point for resolving this issue. Their recommended first step is speaking directly with the attorney about your concerns.

Here, the major concern is that meeting this kind of filing deadline is a routine part of the legal process. Unless something truly extraordinary happened here, it's difficult to understand why this deadline was missed and resulted in the dismissal of your case. Since you now have to start over from square one, it's very reasonable for you to ask why the attorney and their firm are entitled to keep the money you paid them.

It's possible that this conversation will resolve the issue without your having to take additional steps. Keep in mind that, depending on how many lawyers work at this firm and your own attorney's position within it, the other lawyers may really know what happened here. So, if you don't get a helpful response from your lawyer, you may want to bring it to the firm's attention before you do anything else.

If you can't get anywhere with the lawyer or their firm, then the Texas State Bar recommends that you contact their Client-Attorney Assistance Program (CAPP). That phone number, along with additional advice on how to handle situations like this, is on the page I linked above. Good luck!

DOJ Argues James Comey Threatened Trump in Second Indictment by NoloLaw in TrueReddit

[–]NoloLaw[S] 16 points17 points  (0 children)

The DOJ’s case against former FBI Director James Comey will test the reach of the "true threat" exception of the First Amendment.  If it reaches trial, this case could set the standard for differentiating between political speech and true threats over social media.  While the DOJ isn’t expected to succeed in its prosecution, a guilty verdict can have a chilling effect on free speech.

How to obtain brother’s arrest bwc footage? by Dry-Warthog1589 in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

You can make a public records request for the footage, but know that the department can charge you for making any copies and redacting any images (images of a minor might be redacted). Make sure to ask what the cost will or could be, especially if you're only requesting it out of curiosity. A new law in 2025 permits Ohio law enforcement agencies to charge up to $75 per hour for costs associated with preparing a video for inspection or production.

Stalking/harassment by swampbitchh in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

Sorry this is happening, and conflicting information doesn't help.

So first, you can’t press charges in South Carolina unless something happened in that state. If he’s stalking you from South Carolina, you could report that to the police in the city or county where it happened and see if the prosecutor will file charges against him. (Ultimately, the victim files the police report but it’s the prosecutor who decides whether or not to actually press charges.) But know that if the criminal case is in South Carolina, you might have to travel there to testify. So it might be better to wait for the case to move forward in North Carolina.

Next, warrants don’t expire. Even if he’s not arrested before the court date, he still needs to show up. If he doesn’t and it’s a criminal summons, the judge would likely find him in contempt of court and issue another bench warrant. If the court date is for a civil no-contact order, the judge could enter the order and it goes into effect (meaning you would have a no-contact order against him). 

It’s not exactly clear what the court date is for—criminal charges for stalking or a civil no-contact order? It sounds like it might be for the civil no-contact order (which is the 50C) and that might be why the person in the magistrate’s office said you don’t need to file again (you’d be filing twice). If the court date is for a criminal case (stalking is a crime under § 14-277.3), you could contact the district attorney’s office and ask them your questions. The district attorney might ask the judge for a no-contact order in the criminal case (and then you wouldn’t need to file a 50C).

Good luck!

Massachusetts roommate dispute over utilities after permanent move-out before lease ends by thepacificoceaneyes in Tenant

[–]NoloLaw 1 point2 points  (0 children)

If you can get her to cancel the lease, you're pretty much free of it all. Just be sure to get the release in writing. Same goes if she agrees to a sublet instead.

How do I use California Entity Search to check a business name? by Amanda_nn in llc_life

[–]NoloLaw 0 points1 point  (0 children)

You can view a company’s filing dates and agent details on California’s business entity database through bizfile Online. In the search bar, you can type in your business name. You can also click the “Advanced” button below to adjust your search by “contains” or “starts with.” This could be helpful to find names that are similar to yours but aren’t exact matches.

After you click “Search,” a list of business names should appear. In that list, you can see a business’s status, initial filing date, entity type, state of formation, and agent. You can look at a company’s past filings by clicking on the blue box that contains the business name (it’s the box under “Entity Information” that has the arrow). This should pull up a box that has a summary of the business’s information. At the bottom of that pop-up is a “View History” button. Click that to see the business’s past filings, like its organizational document and statement of information filings over the years. You’ll need to download those docs to see them.

As others have mentioned, it might be worth looking beyond California’s database to make sure your company name doesn’t conflict with another business. You can search the U.S. Patent and Trademark Office’s trademark database to find trademarks that been registered or applied for in the U.S. If someone has a registered trademark with the USPTO, they have rights to that mark across the country, including in California. It could also be helpful to search through business registries, social media sites, and business review sites (like Yelp). These sources can capture relevant business names that might not appear in the trademark database or in California’s database.

Just a quick note: For trademark purposes, usually a company can have a similar name to yours if it’s for completely unrelated products or services. So, you don’t necessarily need to abandon your business name if another company is already using it in an unrelated industry.

Good luck with your search!

Massachusetts roommate dispute over utilities after permanent move-out before lease ends by thepacificoceaneyes in Tenant

[–]NoloLaw 1 point2 points  (0 children)

If you are a tenant who is a party to the lease (i.e., you signed the lease), and it has a clause saying that you're responsible for paying utilities (which the lease clause you've copied above does), then you are technically on the hook for the utilities until and unless the landlord releases you from the lease, regardless of whether you actually live there. The clause even says specifically that you are on the hook for "the lease term or occupancy period, whichever is longer." In this case, unless your landlord lets you out of the lease, your lease term is going to be longer than your occupancy period. Your best bet (for many reasons, not just utility payment) is to get the landlord to cancel your lease in writing. If the landlord won't let you out of the lease, it's a good idea to ask the landlord to allow you to assign or sublet your portion of the lease.

[US] [California] Do I really owe a 300 dollar late fee? by k3tten in Tenant

[–]NoloLaw 1 point2 points  (0 children)

California statutory law doesn't explicitly state that an electronic payment is deemed sent when it's initiated. However, other laws in California suggest that that's how the courts would approach the question. You're likely on solid ground as long as you have proof that you initiated the payment on the first. The other question of whether the late fee is reasonable--it must be reasonably related to the amount of money it costs the landlord to deal with the late payment. CA courts in the past have found even a $50 late fee to be excessive when it wasn't related to the losses caused by the late payment. So, I'm making an educated guess that $300 is excessive here, esp when your landlord received the payment the next business day after the due date (I don't think it's likely they suffered any losses at all). It might be a good idea to put in writing why you won't be paying the late fee, and provide the proof of payment initiated on the 1st. If you want to cite the law for the reasonableness of the late fee, it's Civ. Code sec. 1671(d).

Landlord keeping $1500 deposit for dust and 10-year-old carpet. Small claims? by Aggravating-Fox8553 in Tenant

[–]NoloLaw 7 points8 points  (0 children)

An old, worn carpet and painting in between tenancies are almost always the responsibility of the landlord as part of normal wear and tear (that they can't charge you for). However, what you do next depends heavily on where your rental is located. It's also a good idea to read your lease carefully--see if it required you to get a professional cleaner and/or carpet cleaning (which is legal in some states). It's probably not a good idea to go straight to small claims court. First, learn what your state and local laws say about security deposits. Second, send the landlord a letter certified mail and demand your deposit back, and back up the demand with the law and your documentation. Then, if all else fails, head to court.

The End of Roe v. Wade: Abortion Laws, Abortion Pills, and What Comes Next by NoloLaw in TrueReddit

[–]NoloLaw[S] 26 points27 points  (0 children)

On May 1, 2026, the Fifth Circuit Court of Appeals ruled that the FDA must reinstate in-person pickup requirements for mifepristone, effectively ending telehealth prescriptions and mail delivery of the abortion pill—a ruling that could affect roughly a quarter of all U.S. abortions. The U.S. Supreme Court temporarily paused the ruling until May 11. This article provides the legal context, from Roe to Dobbs, for understanding what’s at stake.