July 23, 2026

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Overtime Misclassification: The ‘Salary’ Scam

Paying you a salary does not make you exempt from overtime. California exemptions require specific duties and a minimum salary threshold — twice minimum wage, full time. ‘Assistant manager’ stocking shelves 50 hours a week is owed overtime, salary or not.

Misclassification is the most expensive payroll shortcut in California.

Don’t pay a lawyer to find out what your rights are. Go to JusticePrompt.com and get the free kit. No credit card. No upsell. Just the documents and the law.

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Family Code 291: The Judgment That Never Expires

Ordinary California money judgments last ten years and must be renewed or they die. Support judgments are built differently, and every owed parent should understand exactly how differently.

Family Code §291 provides that a money judgment for child or family support is enforceable until paid in full, is exempt from any requirement of renewal, and may be enforced whether or not arrears are reduced to a separate judgment. There is no statute of limitations on collection. A support order from 1998 with unpaid arrears is as enforceable this morning as the day it issued.

The interest engine. Arrears accrue interest at the legal judgment rate of 10% simple per year under Code of Civil Procedure §685.010 — each missed installment becomes a mini-judgment accruing from its own due date. The compounding reality: unpaid principal roughly doubles in ten years. A parent owed $30,000 in arrears from the 2010s is very likely owed $50,000–$60,000 today, and most owed parents have never run the calculation.

What can’t erase it: bankruptcy — domestic support obligations are categorically nondischargeable under 11 U.S.C. §523(a)(5) and sit first in bankruptcy’s priority scheme; the paying parent’s move out of state — the Uniform Interstate Family Support Act makes orders enforceable nationwide; and the passage of time, per §291 itself. Courts also cannot retroactively modify accrued arrears (Family Code §3651(c)) — a later downward modification runs forward only, which is why the arrears ledger is carved in stone as it accrues.

What the owed parent should do first: obtain the payment history — from the local child support agency if the case ran through it, or reconstruct from records — and prepare a formal arrears-and-interest accounting. Courts and levying officers act on numbers, not grievances, and the accounting converts years of missed payments into a single enforceable figure. The state’s Child Support Services program will open enforcement at no cost.

The law made this the most durable debt in America. The only expiration date on collection is the one an owed parent imposes by never starting.

Every letter, form, and deadline referenced above is packaged in the free kits at JusticePrompt.com. No credit card, no upsell — the documents and the law, ready to use.

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Why Collectors Sue in the Wrong County (On Purpose)

The FDCPA requires suing consumers where they live or signed the contract. Distant-forum abuse still happens because a defendant who can’t get to the courthouse defaults. It’s also a $1,000 statutory violation plus attorney fees, and judges take it seriously.

Check the venue on any summons before anything else.

Don’t pay a lawyer to find out what your rights are. Go to JusticePrompt.com and get the free kit. No credit card. No upsell. Just the documents and the law.

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Retaliatory Eviction: The 180-Day Shield in Civil Code 1942.5

Every tenant right comes with the same fear attached: assert it and lose your housing. California’s answer is Civil Code §1942.5, a statute that makes the timing of a landlord’s response evidence against him.

The presumption window. If, within 180 days after a tenant exercises protected rights — complaining to the landlord about habitability, filing a complaint with a code-enforcement agency, using repair-and-deduct, organizing or joining a tenant association, or prevailing in litigation — the landlord serves a rent increase, reduces services, or moves to evict, retaliation is the presumed motive where the tenant is not in default on rent. The burden lands on the landlord to prove a legitimate, non-retaliatory reason.

Beyond the window: §1942.5(d) separately prohibits retaliation for the lawful exercise of any legal right, without the 180-day limit, and §1942.5(c)-style protections extend to threats and to reporting a tenant’s perceived immigration status — a tactic the Legislature specifically outlawed, with related bans in the eviction statutes themselves.

The remedies have unusual teeth: actual damages, and punitive damages of $100 to $2,000 per retaliatory act where fraud, oppression, or malice is shown, plus attorney’s fees to the prevailing party when the case reaches judgment. Retaliation is both a shield (an affirmative defense that defeats the unlawful detainer) and a sword (an affirmative claim for damages).

How the defense is actually built: chronology. The dated repair letter sent certified; the code inspector’s report two weeks later; the “no-fault” termination notice eleven days after that. Courts see the sequence and draw the inference the statute invites. This is why every tenant complaint should exist on paper before it exists out loud — an oral complaint protects you in principle, but a certified letter protects you in evidence.

Interaction with just cause: for tenancies covered by §1946.2, retaliation analysis now runs alongside the just-cause requirement — a pretextual “remodel” or bad-faith owner move-in following a complaint fails both statutes at once.

The 180-day shield only works for tenants who date-stamp their rights. Complain in writing, keep the receipt, and let the calendar do the arguing.

Every letter, form, and deadline referenced above is packaged in the free kits at JusticePrompt.com. No credit card, no upsell — the documents and the law, ready to use.

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