Religious Dress/Grooming (AB 1964)

As clarified by AB 1964, the Fair Employment and Housing Act protection individuals from discrimination based on religious dress or grooming practice, and also prohibits segregating a person from the public or other employees because of a religious dress or grooming practice, and establishes clearly that segregation is not a reasonable accommodation.  Section 12926(p) of the Government Code is amended to read:

“Religious dress practice” shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed. “Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed.

“Religious grooming practice” shall be construed broadly to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed.

Breast Feeding

As clarified by AB 2386, nursing mothers are also protected from employment discrimination. The definition of “sex” set forth in Government Code section 12926(q) now includes, without limitation, pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and breast feeding or medical conditions related to breast feeding.  “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

Did you know attorneys have an ethical and professional obligation to perform pro bono work on behalf of the poor who would otherwise have no access to the legal system?

From one of my favorite pro bono cases, adventures and all…

“Several years ago I fled an abusive husband who had brought me to San Diego from Canada, was homeless and living in domestic violence shelters, could not obtain employment as I had no work visa or citizenship status at all. To make matters worse, my husband was trying to obtain custody of my baby daughter.

It was a hopeless situation that I could not see my way out of until I met Shana Black, and retained her as my attorney free of charge on a strictly volunteer basis! Little did Shana know that being my attorney would get her stalked and harassed relentlessly, slandered, and even led on a high speed chase down the freeway!

She never once said “ok, maybe you should find another attorney.” She stuck by me and fought my abusive ex husband with every bit of legal might she possessed, no matter how much abuse he flung her way, and it was a lot, it was intense, and it was never ending. If it were not for her I would have never gotten out of that situation with my daughter or my sanity.”

For the assistance of a San Diego Attorney, please contact Shana J. Black at (619) 557-0122 for a case assessment.

The parents of 14 year old Anais Fourier would have welcomed such a policy I’m sure.  They are suing Monster Energy Drink maker in Riverside Superior Court for the death of their daughter.  The lawsuit claims Annais drank a 24-ounce can of Monster Energy drink on December 16, 2011, and another the following day.  She had a heart attack that evening and died six days later.

One Florida School District has banned energy drinks district wide.  A Chicago alderman wants to ban sales of energy drinks within the city limits to anyone under 21.  University of New Hampshire President Mark W. Huddleston announced a plan to ban energy drinks last year, but abandoned his plans after students protested via Twitter and Facebook.

The Food and Drug Administration is reviewing the safety of energy drinks.  The FDA confirms that 5-Hour Energy may be linked to the deaths of 13 people over the past four years.  According to a recent FDA report, four other people may have died after drinking Monster Energy in the past three years.  FDA Adverse Event Data can be found here:  FDA Adverse Event Data.  US Senators Dick Durbin and Richard Blumenthal sent a letter to the FDA requesting that the agency provide information on the “dangers” of caffeine and stimulants, particularly on young people.  The FDA responded, assuring the senators that it will continue to study the matter, taking action as needed, and may “consider taking appropriate action with respect the labeling of these products, such as requiring disclosure of the amount of caffeine in food products, limitations on intended use, or warnings about possible adverse effects.”  The text of the FDA’s response may be found here:  FDA Response.

Energy drink makers are under scrutiny and facing litigation.  A series of class action lawsuits have already been filed in Canada against the manufacturers of many popular energy drinks, including Red Bull, Full Throttle, Monster, Jolt, Amp and Rockstar.  A class action suit against Monster Energy Company was filed this year in the U.S. District Court, Central District of California, alleging violation of federal securities laws, for failing to disclose it had received a subpoena from a state attorney general in connection with an investigation concerning the Company’s alleged false advertising and marketing.  Another class action was filed against Monster Energy Company in California Superior Court, Orange County for failure to warn consumers that Monster Rehab Green Tea + Energy Drink could cause chemical-driven liver damage.  Adam Mirabella of Texas filed a class-action lawsuit against Vital Pharmaceuticals, Inc., makers of the energy drink Redline, claiming the product is unsafe and is marketed deceptively.  He claims after one serving, he suffered extreme chest pain and nausea, that he lost sensation in his hands, that he was hospitalized for two days and required sedation.

Considering distributors and retailers often get thrown into the energy mix as named defendants, implementing an 18 and older policy might be prudent.

During your divorce, it is important to remember that while you may be eager to be separated from your spouse; your children may not share these feelings. Unlike adults, children are not always capable of discussing their feelings in a positive and productive manner. As a result, they may lash out, get into trouble, or suddenly withdraw from the world. When this occurs, it is important to understand what your children are going through, so you can help them adjust through this difficult time.

Seeking Professional Help

No matter what type of behavior your child is exhibiting, it may be important to contact a mental health professional. A counselor, psychologist, or psychiatrist can help you understand your child’s feelings, so you can help them cope with their new family arrangements. It is likely that they are experiencing a wide range of new emotions, including depression and anxiety. There is often anxiety over where they will live, where they will attend school, and how they will get to see both of their parents. By opening up the lines of communication, you can understand their anxieties and help them manage the stress of the divorce process.

When you are going through a San Diego divorce, it is important to realize that a San Diego divorce doesn’t have to adversely affect your entire future or your children’s lives. The steps you take now, during your San Diego divorce, can have a positive impact on your family life and lay the foundation for greater happiness in the future. The key is to recognize your children, their feelings, and their desires and try your best to create a stable and loving household without your spouse.

If you or someone you love is considering divorce, it is important to speak with an experienced San Diego divorce lawyer immediately. Your San Diego divorce lawyer can discuss all of your options with you and ensure that your rights are protected throughout the divorce process. San Diego divorce lawyer Shana Black has successfully represented numerous San Diego divorcing couples and their families throughout the divorce process. Call 1-619-557-0122 or email info@shanablack.com to learn more about all of your San Diego divorce options.

Talk, Talk, Talk: Most divorce counselors and therapists say that the single best thing you can do to help yourself deal with the stress of a divorce is to find someone to talk to. Talk therapy can help you deal with those overwhelming emotions and insecurities as they arise and deal with them in a positive and productive manner. It doesn’t matter if you choose a divorce counselor, a therapist, or a support group, as long as you keep talking.

Learn to Let Go: As you process through the negative emotions that often arise during the divorce process, you need to learn to let go of the problems and feelings that are out of your control. Stay focused on the situations and the problems that you actually have control over and learn to let go of the rest.

Exercise: While most of us know that exercise is good for our physical well-being, did you know that exercise is also good for your emotional well-being? Physical exercise can help you relieve tension, anger, and anxiety. In addition, you can think clearer after exercise and the endorphins released during exercise can improve your general mood as well.

Make Time for Fun: During a divorce, you may find yourself struggling to adjust to your new lifestyle. Maybe you are trying to get used to a new apartment or life as a single parent. It is easy during this stressful time to neglect yourself and the things that used to make you happy. Yet, it is during the difficult times that we need to focus on fun a little bit more. Make time to do the things that used to bring you the most happiness–spend time with friends, indulge in your favorite hobbies, or travel.

A San Diego Divorce Attorney on Your Side

One of the best ways to handle the stress of a San Diego divorce is to retain the services of an experienced San Diego divorce lawyer. San Diego divorce lawyer Shana Black has successfully represented numerous San Diego divorcing couples and their families throughout the divorce process. Call 1-619-557-0122 or email info@shanablack.com to learn more about all of your San Diego divorce options.

If you or your spouse meets the residency requirements for terminating your marriage in San Diego, then there are several options available to you, including:

• Legal Separation – available for couples who are not ready to terminate their marriage yet but want to be considered separate for legal and tax liability purposes

• Annulment – may be sought in certain situations where marriages are considered void under California’s Family Code

• Dissolution of Marriage – traditional divorce available to most married couples

• Summary Dissolution of Marriage – available to couples who have been married less than five years, have minimal assets, and no children

It is important to remember that the State of California is considered a “no fault” state. This means that no one spouse will be determined to be “at fault” for the dissolution of the marriage and all marriages will be dissolved due to irreconcilable differences. As far as California courts are concerned, it makes no difference why you want to get divorced, only that you both do agree to get divorced. While issues like adultery, abuse, or drugs will not be considered for divorce purposes, they can be very useful in child custody cases.

Assets and Debts

California is also considered a community property state which means that both the assets and the debts are divided equally between the two parties—regardless of who earned the most income or acquired the bulk of the debt. There are situations, however, when California law does allow for a spouse to retain his or her own property—especially if that property was acquired before the marriage or as a gift during the marriage.

Spousal Support in San Diego

During a divorce in San Diego, there are many factors must be reviewed before determining how much spousal support will be granted. Spousal support is often granted on a limited basis and usually for the means of allowing one spouse to become self-supporting or obtain an education they were unable to obtain when they were married.

Children and Divorce in San Diego

If you and your spouse have children together, then your divorce may become a bit more complicated. Issues, such as child custody and child support, will undoubtedly be raised and need to be determined in accordance with California law. The courts will need to determine how to split up both physical and legal custody of the children in a way that is both fair to the parents and in the best interest of the children. Joint custody may be granted if both parents are able and willing to take an equal interest in raising their children.

If sole physical and legal custody are granted to just one parent, however, then the other parent will be required by law to pay child support. There are minimum child support guidelines in the State of California, and these will need to be determined before finalizing the divorce.

After Your San Diego Divorce

After your divorce is granted, if you or your spouse have any disputes, then you will need to go to the Superior Court in the San Diego County or the county where your divorce was granted. This is where any property issues, child support issues, spousal support issues, or child custody issues can be addressed years after your San Diego divorce is finalized.

San Diego Divorce Lawyers on Your Side

There are many decisions that must be made when you decide to get a divorce. Where will your children live? How will you pay for their care? How will you divide your assets and property? As such, you need an experienced San Diego divorce attorney on your side from the moment you decide to file for a divorce.

San Diego divorce lawyer Shana Black understands the complications that can arise during a San Diego divorce. As such, she works diligently to protect your rights and your family’s future during the divorce process. She has successfully represented numerous San Diego divorcing couples and their families through this difficult time. Call 1-619-557-0122 or email info@shanablack.com to learn more about all of your San Diego child custody options.

Thinking about brewing beer for sale?   Here’s just some of what is required:

* Brewery Qualification: You must qualify with the TTB by submitting a Brewer’s Notice, issued after a wait of about three months. This process includes a background check and very detailed application requesting a variety of documentation.

* A $1,000 Brewer’s bond.

* Precise record keeping including amounts of grain and other ingredients purchased and proof materials purchased equal amount of product produced in a given period.

* Regular tax payments to the TTB, along with proper documentation demonstrating the payments represent an accurate reflection of production.

* State certification to include as required a brewery license, manufacturing license and wholesaler’s beer license.

* A possible on-site inspection by the TTB of the proposed premises and operations when the brewery is up and ready to start running-but before it starts running.

The TTB must approve your operations before you can start making beer.

Consult with a qualified attorney before you start.

Even with experienced lawyers on your side, a San Diego divorce can become chaotic. Divorcing San Diego couples often disagree on child custody, alimony payments, and the division of their estate. When such disagreements occur, a San Diego divorce attorney can help you make sense of these overwhelming decisions, while still protecting your assets and your loved ones. Yet each year, divorcing San Diego couples are tempted by promises of a quick and economical divorce and choose to handle their own divorces without a San Diego divorce attorney present. Sadly, the results are often disastrous.

There are many dangers associated with handling your own San Diego divorce, and mistakes during this process can adversely affect your entire future. Here are just a few of the mistakes couples make when they attempt to handle their own San Diego divorce.

• Mislabeling custody
• Mistakes filing divorce paperwork
• Inappropriate distribution of assets
• Failing to handle life insurance adequately
• Failure to request resumption of maiden name
• Mishandling of retirement account distributions
• And more

While some mistakes simply result in higher fees, penalties, and increased paperwork, other mistakes can adversely affect your entire future. Failure to properly distribute your estate or the mishandling of your retirement account can cause you to be cheated out of funds and assets that are rightfully yours. When it comes to child support, child custody agreements, and parenting plans, you may also be cheated out of time with your children. In addition, you may find that your mistake caused you to incorrectly give up parenting rights you did not wish to relinquish.

A San Diego Divorce Attorney Can Help You Minimize Costs
There are numerous ways an experienced San Diego divorce attorney can help you minimize your legal costs and quickly reach a divorce agreement with your spouse. By preparing all of your divorce documents and agreements, your San Diego divorce lawyer can help ensure that all of your divorce paperwork is done correctly, helping you avoid potential fees and penalties. In addition, your San Diego divorce lawyer will fight for your family’s future and ensure that all of your rights are protected throughout the entire divorce process.

If you are going through a San Diego divorce, it is important to choose a San Diego divorce attorney to represent you throughout the divorce process. San Diego divorce lawyer Shana Black has successfully represented numerous San Diego divorcing individuals and their families throughout the divorce process. Call 1-619-557-0122 or email info@shanablack.com to learn more about all of your San Diego divorce options.