Schimmel & Parks, APLC

Can families install hidden cameras in California nursing homes?

2026-04-24T14:52:53Z

Families who move their loved ones into nursing homes generally expect their aging family member to receive proper support and compassionate care. Unfortunately, some people living in nursing homes endure negligence, while others experience outright abuse. Family members concerned about a loved one not receiving the support they need for optimal health or experiencing actual violence may want to catch nursing home employees in the act or document how long their loved one went without support after requesting assistance. Installing a nanny cam or similar discreet video camera in a loved one’s private or semi-private nursing home room might seem like a simple solution for a stressful situation. Can families with legitimate concerns about abuse or neglect install hidden cameras for the safety of their loved ones?

California has strict privacy rules

While a nanny camera might seem like an ideal solution for concerned families worried about the standard of care at a nursing home, state law essentially prohibits the installation of a hidden camera, even if the goal is to record criminal activity in progress. California is a two-party or all-party consent state for audio recordings. In other words, any attempt to record a private conversation, including abusive verbal interactions in a nursing home, requires the consent of everyone involved in the conversation. Recording without consent can provide evidence of abuse, but families may not be able to use that evidence if they take legal action. Even worse, they could expose themselves to the risk of a lawsuit or even criminal prosecution by violating California’s strict privacy and recording laws. Families intending to install cameras would typically require the consent of the nursing home and every employee who enters the room to care for the adult there. Nursing homes have even adopted policies explicitly prohibiting families from installing cameras in private rooms. There may be other ways to document neglect and abuse in a nursing home, including securing copies of medical records and testimony from witnesses. Discussing concerns about abusive or negligent care in a nursing home with a skilled legal team can help families take appropriate steps to seek justice. Even if a camera isn't a viable solution, there are other ways to prove abuse or neglect that constitutes elder abuse.

Can you seek compensation for wildfire damages and health issues?

2026-03-13T14:16:58Z

Wildfires can cause tremendous damage to victims. Aside from burns and building damage, the resulting smoke can leave you with lasting respiratory issues. If you have existing conditions like asthma, the poor air quality can exacerbate them. Fortunately, California law offers a path for seeking compensation. Understanding the process is key to your recovery.

How wildfire smoke can affect you

Wildfire smoke contains microscopic particulate matter that penetrates deep into the lungs. Exposure can lead to:

Persistent coughing and wheezing
Chest pain and sinus irritation
Exacerbation of pre-existing respiratory or cardiovascular conditions

If you are with a child or a relative with pre-existing respiratory issues, the wildfire smoke can trigger flare-ups. Such inhalation can even worsen their conditions.

When legal claims apply

Determining liability in a California wildfire often involves investigating utility company negligence. Depending on your losses, your claim may fall under several legal categories:

Negligence: Proving the defendant failed to exercise reasonable care, such as failing to trim trees near power lines

Inverse condemnation: Proving a public utility’s equipment caused the wildfire and property damage, regardless of negligence

After identifying the category for your claim, you need to show that the smoke was the proximate cause of your and your family’s ailment.

What evidence to collect

Establish a pre-fire health status through previous medical records to show your baseline health before the incident occurred. Then, seek immediate medical care to build a causal link between the smoke and your worsened condition. Additionally, use Cal/OSHA standards as a benchmark. While an air quality index exceeding 150 is legally unhealthy, it is the specific regulatory threshold where employers must provide respiratory protection. This serves as strong evidence that the air quality was objectively harmful to your health.

Holding the at-fault party responsible

California’s deadlines are strict and vary depending on the type of harm and the defendant:

Personal injury: Two years from the date of the incident
Property damage: Three years from the date of the incident
Claims against government entities: Within six months of the incident

While the Discovery Rule may occasionally delay these clocks if an injury was not immediately apparent, you should never rely on it. Delaying your filing can permanently bar you from recovery. Because these cases involve complex data and aggressive insurance adjusters, it would be best to seek legal assistance. An experienced attorney can review your claim and provide insights on how to move forward.

ADA rights: What happens if your boss won’t accommodate

2025-09-19T13:23:04Z

The Americans with Disabilities Act (ADA) makes it illegal for employers to ignore or deny reasonable accommodations for workers with disabilities, yet many employees in California still face resistance. This article explains the protections the ADA gives you, what counts as failure to accommodate and what steps you can take if it happens.

What protections the ADA gives you at work

The ADA gives you the right to request reasonable accommodations so you can perform the essential duties of your job. Your employer must provide them unless they prove the change would create significant difficulty or expense. In California, these protections cover most workplaces with 15 or more employees. It covers adjustments such as modified schedules, ergonomic equipment, accessible facilities or even transfers to open positions that better fit your needs. When you ask for an accommodation, the law requires your employer to work with you in good faith and find a solution instead of ignoring your request or brushing it aside.

What counts as a failure to accommodate

Your employer fails to accommodate when they refuse a reasonable request, delay action without justification or punish you for asking. Each of these actions violates the ADA. You may see this when your boss denies a flexible schedule even though it would not disrupt operations. It’s also a violation when HR ignores your request for assistive technology or when management pressures you to leave instead of making changes the law already requires. Recognizing these situations as violations matters. If you dismiss them as simple disagreements, you allow your employer to sidestep their legal obligations.

What steps you can take if denied accommodations

You protect your rights by addressing the issue directly with your supervisor or HR. Also, make sure to document every request and response to build a clear record. If the refusal continues, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Both agencies enforce anti-discrimination laws. They also impose strict deadlines that you cannot miss. That means waiting too long may limit your options for relief. By acting quickly and keeping detailed records of how your employer responded, you strengthen your ability to hold them accountable under the ADA.

Taking back control of your workplace rights

You do not have to accept being sidelined or pressured out when the law entitles you to work with the right accommodations. By standing firm, you show your employer that your rights are not negotiable. If your requests keep getting ignored or denied, speaking with an employment lawyer in California can help you protect your health, safeguard your livelihood and move forward with confidence.

How class action lawsuits protect your consumer rights in California

2025-07-22T19:10:31Z

If you’ve ever felt misled by a company, you’re not alone. In California, class action lawsuits give you a way to challenge unfair or deceptive business practices. This legal tool brings people together in one case. It works under some of the strongest consumer protection laws in the country.

How class actions work and what they address

Class action lawsuits let you join others who experienced the same harm. This approach helps balance the power between consumers and large companies. It also makes legal action more practical, especially when individual claims are too small to pursue alone. These lawsuits often begin when a company’s actions affect many people in the same way. They expose patterns of misconduct and push companies to change their practices. Here’s what class actions help you do:

Combine similar claims into one case to reduce legal costs
Hold companies accountable for deceptive or unlawful conduct
Seek compensation for hidden fees, unsafe products or false advertising
Respond to data breaches or misuse of personal information
Challenge unfair refund or cancellation policies

Class actions give you a path to justice when companies act unfairly. They also help prevent future harm by forcing businesses to change how they operate.

California laws that support consumer class actions

California law gives you strong protections against unfair business practices. These laws make it possible to hold companies accountable through class action lawsuits. Key statutes that support consumer class actions:

Unfair Competition Law (Bus. & Prof. Code § 17200): Bans fraudulent or unlawful business conduct
Consumers Legal Remedies Act (Civ. Code § 1750): Prohibits deceptive practices in consumer transactions
California Consumer Privacy Act (CCPA): Protects personal data and imposes penalties of up to $7,988 per violation as of 2025

These laws help ensure companies follow fair and legal business practices.

When to speak with an attorney

If a company’s actions affected you, your experience matters. Class action lawsuits exist to protect people in similar situations. When harm is widespread, it may be time to explore your options with someone who understands how these cases work.

Recognizing signs of neglect and abuse in rehab facilities

2025-03-18T22:41:19Z

People in rehab facilities are often at their most vulnerable, relying on caregivers to provide them with the necessary support and care to recover from alcohol or drug addiction. Unfortunately, this vulnerability can make them easy targets for abuse and neglect. Families and individuals must know the warning signs to protect their loved ones and take action if needed.

Warning signs of physical or sexual abuse

Physical abuse can leave visible marks. Broken bones, restrain marks, untreated or unexplained injuries in various stages of healing may indicate abuse. Sexual abuse, though more difficult to detect, might show as bruises around sensitive areas, or unexplained infections. Blood found on sheets or clothing should also raise concerns. A sudden change in a loved one's behavior or habits might also indicate that something is wrong. It is essential to ask questions and investigate further.

Indicators of neglect and abandonment

Neglect can take many forms, from dehydration and malnutrition to poor personal hygiene. If health problems go unattended or hazardous living conditions are signs of neglect, they should be addressed. Unsanitary conditions, such as soiled bedding or inadequate or dirty clothing, should also raise concern. Neglect is often less obvious than other forms of abuse, so it requires careful observation.

Seeking legal help

If you suspect that a loved one is experiencing abuse or neglect in a rehab facility, speaking to an attorney might be advisable. Legal intervention can stop further abuse and hold the responsible parties accountable. It is a step towards justice and ensuring safe conditions for others. Recognizing the signs of negligence and abuse in rehab facilities is essential for protecting vulnerable individuals. Families and individuals must stay informed and vigilant. If you notice any warning signs, take timely action by discussing your concerns with facility staff and considering legal help.

Addressing construction defects at high-end or luxury properties

2024-12-19T03:31:59Z

People buying luxury or high-end real estate including bespoke homes and build-to-suit condominiums expect their properties to come with the best features and amenities. Those hiring construction firms to remodel or expand existing properties also expect white-glove treatment. Unfortunately, construction companies and contractors sometimes disappoint the property owners who hire them. Clients and customers may feel disappointed with the quality of the finished product and may want to take legal action. What do property owners need to know about construction defect lawsuits in the luxury real estate sector?

There are many potential defects

High-end residential units may occupy spaces with beautiful views and difficult construction requirements. Therefore, water incursion could be an issue. Property owners may also notice structural issues that affect their use of the home, as companies may focus more on appearances or exciting design features than basic construction standards. Issues with materials and finishes can also arise. Standards for high-end buyers are different. Minor construction defects often have minimal impact on starter home and midsize family properties. However, those on the high-end market generally expect turnkey properties in pristine condition. Additionally, they may make purchasing decisions based largely on the perceived prestige of the property. Specific finishes, such as quartz countertops, can be crucial to buyers in the luxury sector. If a construction firm fails to use prestige materials in accordance with a client's specifications or if the finished work looks unprofessional, clients may have a much harder time when they eventually want to sell the property. Homeowners who intend to sell the property can sustain massive financial setbacks if the property does not appeal to buyers capable of affording the home.

How can homeowners respond?

Construction companies may have insurance that covers certain errors and property issues. If the defect relates to material failures, there could be warranties that the property owner can enforce. Those dealing with construction defects or material substitutions may have grounds to take legal action based on their contract with the construction company. If the finished product does not align with contractual standards, owners can ask the courts to compensate them or order the business to re-do the work. The best solution is proactive prevention. Including the right terms in the project contract and hiring well-reviewed and trusted professionals as architects, contractors and construction firms can make a major difference. So can inspecting the property throughout the construction project. Owners may be able to identify issues before they spiral out of control. Pursuing a construction defect claim because of poorly-executed work, use of inappropriate materials or other issues may lead to compensation for property owners for repair costs and lost property value. Property owners who take timely action may be able to seek financial compensation or ask the courts to order for corrections to be made to their property.

Insurance coverage issues in sexual-abuse cases

2023-10-27T06:42:17Z

Making The Case For Separability To Unlock Insurance Coverage

Cases involving sexual abuse can be particularly challenging and emotional for clients and attorneys. Certainly, one of the more significant issues facing attorneys in evaluating and prosecuting these cases is determining collectability and the prospect of recovery. Will the litigation journey provide any hope of monetary recovery for the victims and will the investment of time and expenses on behalf of the client be compensated? Answering these questions will often turn on the availability of insurance coverage for the defendants. In many cases involving sexual abuse, alleged abusers or enablers lack the personal resources necessary to make a client victim whole. The defendant may be a smaller company or an individual with limited means, and in many cases, the businesses or employers that once harbored the abuser, have folded. In those cases, insurance policies may be the only resource available to help make the client whole. In our experience in these non-institutional abuse cases, mediation and settlement discussions will often devolve into debates over the applicability of insurance to cover claims. The insurance companies may use aggressive strategies, including intervening in the action or bringing a declaratory relief action to disclaim coverage in an effort to heighten the risk of litigation against their insured and cut off their exposure. The purpose of this article is to examine some practical approaches and considerations when evaluating sexual-abuse cases, with an eye towards unlocking potentially available insurance coverage. A key concept for triggering coverage in these difficult cases, is the concept of “separability” – sufficiently separating the potentially covered offenses and the tortfeasors from the actual uninsurable act of sexual abuse, will afford stronger arguments for coverage against recalcitrant carriers bent on denial and low-balling of claims. The relative sophistication of the defendants and the legal or business relationships between and among multiple defendants will also influence the nature and type of potential insurance coverage available in any given case and there are many types of insurance policies that may apply to cover tortious acts arising in this difficult setting. This article is intended to help practitioners anticipate issues and prepare in advance for the inevitable coverage fight by examining their clients’ fact patterns and defendants’ insurance policies with an eye towards maximizing the pot of insurance.

“Personal injury” offenses may be covered even if the offense is not accidental

Depending on the available fact pattern of your client’s case against the abuser and others, you will want to explore certain allegations and theories that stand a better chance to trigger an insurer’s duty to defend and settle. Since we do not typically know the type or extent of insurance policies in force at the prelawsuit phase, formulating a complaint around facts and theories more likely to trigger coverage always helps to increase the odds for bringing a carrier to the table. If supported, claims for false imprisonment, slander, and invasion of the right of privacy may provide an avenue to get carrier involvement.

California lawmaker involved in sexual harassment incidents

2023-06-28T08:44:19Z

For decades, certain men in power or who think they have power have wielded it in unscrupulous, disgusting and unlawful ways. Their behavior cemented them as uncouth predators pursuing women in the workplace just to see how many more victims they can harass. The #MeToo movement’s latest spotlight on abusive men in the workplace shines brightly on a disgraced California Republican lawmaker, whose behavior over the past decade finally led to even his own party to seek his ouster. Bill Brough, a three-term assemblyman from south Orange County, lost his bid for re-election in the March primary, and in late May was stripped of his committee assignments due to his history of sexual harassment. Stripped of committee assignments, loses in primary A legislative investigation, which began last year, confirmed that on at least two occasions, Brough had inappropriate verbal and physical contact with an Orange County supervisor in 2011. The investigation determined that Brough inappropriately touched the woman, while suggesting he could provide political favors in exchange for sex. The complaint also highlighted that additional people had similar experiences with Brough, who has denied the incidents. Once the investigation was complete, Brough was stripped of his committee assignments and ordered to enroll in discrimination and harassment training. Brough was a member of the Business and Professions as well as Revenue and Taxation committees. If you are an employee subjected to unwelcomed sexual advances, consistent leering, inappropriate touching or asked to perform sexual favors, take action. Speak up. The #MeToo movement is here to stay and has empowered women. Here are some things you can do:

Keep detailed records of every harassment incident.
Save all questionable communiques from the harasser. This includes emails, texts and social media posts.
Contact your manager or human resources. Regardless, you want to talk to someone you can trust. If your manager is the harasser, contact human resources. But also remember, human resources may not be helpful since it looks out for the company more so than its employees.

We can only hope that workplace sexual harassment from people in power ends. But as long as it continues to rear its ugly head, you must remember to protect yourself. You have the law on your side.

How California law protects sexual harassment whistleblowers

2023-06-28T08:43:45Z

A whistleblower for the sexual harassment case against former California state senator, Tony Mendoza, recently received a settlement for $310,000. A former California Senate employee reported that Mendoza and staff retaliated against her for bringing to light allegations that Mendoza sexually harassed another employee. The lawsuit, which began two years ago, made claims that Adrian Ruelas, his legislative director at the time, was subjected to workplace sexual harassment by the senator according to a number of complaints, which eventually led to his resignation.

Understanding your rights in the workplace

When your supervisor or co-workers create a hostile work environment, you may fear the repercussions of calling attention to this toxic behavior. It has become too common that when a person comes forward with a sexual harassment allegation, they find that they become penalized through a variety of HR actions. This retaliation could come in the form of firing, a redistribution to another role, a reduced salary, and other biased decision-making regarding your career. This form of discrimination is one of the most common in the US, as reported by the Equal Employment Opportunity Commission (EEOC). California defines several protected acts that an employer cannot retaliate against:

An employee who reports an employer or co-worker’s violation of state or federal law
An employee who takes part in a sexual harassment investigation or employment discrimination investigation
An employee who files a ‘qui tam’ lawsuit within the California False Claims Act

Protecting your civil rights in the workplace

If you are aware of ongoing sexual harassment in your workplace or have been discriminated against for reporting incidents of sexual harassment, you need to contact an attorney with experience in workplace retaliation and sexual harassment litigation.

The employment law issues restaurant workers are facing

2023-06-28T08:46:15Z

When you work in a restaurant, you should always be aware of your rights so that you can stand up for yourself if they are not respected. Recent world events have also brought in unique issues for workers in many industries, but especially in bars and restaurants. Here are some common issues that restaurant workers deal with:

Nonessential business shutdown

On March 15, 2020, the mayor of Los Angeles issued closure of all bars and restaurants aside from delivery and takeout due to the COVID-19 pandemic. Many employees are now out of work and businesses are struggling to stay afloat. To compensate, workers may be able to qualify for unemployment or leave depending on the employer’s policies. If you are sick, you may be able to file for disability benefits through the state.

Youth employment

Restaurants can be great places for minors in school to find jobs but there are specific rules that apply to them. Here are the laws that apply to employees at certain ages:

14 to 15 years old – Must work outside school hours, maximum 3 hours on a school day and 18 hours in a school week, maximum 8 hours on a non-school day and 40 hours in a non-school week, 7 a.m. to 7 p.m. except for 7 a.m. to 9 p.m. June 1 through Labor Day, generally no cooking or baking
16 to 17 years old – No hour limits, no hazardous jobs (involving power tools or dangerous machines), cannot drive or serve in their job on a public road unless they meet specific requirement, cannot make time sensitive deliveries or drive at night

Tips and minimum wage

State law says that employers must pay tipped employees the full minimum in their direct wages. This means that for tipped workers in California, all tips that restaurant employees get are in addition to the minimum wage. The minimum wage for companies with 25 or less employees is $12.00 and for those with 26 or more employees it is $13.00.

Breaks

When restaurants get busy, it’s easy to get caught up in the hustle and not take a break. However, you legally have a right to take breaks. For every 4 hours you work, a 10-minute paid rest break is given. For every 5 hours, you get a 30-minute minimum meal break. If you work at a restaurant and feel that your employer is not following the guidelines for proper care of the workers, reach out to a legal professional. They will help you learn more and move forward properly. If you have lost work due to at state shutdown, seek the help you need through the State of California Employment Development Department.