Employment Law Update

This employment law update is directed at our hospitality clients that have resident managers. We have become aware that there are several California employee-side attorneys that are soliciting resident managers by direct mailing marketing materials to hospitality properties. Their purpose is recruiting new plaintiffs for lawsuits against hotel operators for violation of wage and hour…

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Just Cause Reasons for Non-Covid Related Evictions

REMINDER TO LANDLORDS: Tenants throughout the State of California, cannot be evicted for nonpayment of rent related to COVID-19 at least until October 1, 2021, however a Tenant can be evicted for other “Just Cause” reasons. Any of the following At-fault Just Causes can be utilized by a Landlord to evict a Tenant: •  Default…

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CalSavers – California’s Mandatory Retirement Program

REMINDER TO EMPLOYERS: Back in 2016, California passed legislation that created a state-run retirement program. The program later became known as CalSavers. In order to comply with California’s law, employers have two options: Employers may sponsor their own retirement programs, such as a 401(k). Otherwise, Employers are required to participate in CalSavers, California’s state-run retirement…

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Bad News for ADA Plaintiffs

In 2015, California tried to slow down the runaway freight train of ADA “architectural barrier” lawsuits by professional plaintiffs. Under amendments to the California Civil Code, professional plaintiffs and their law firms now had to identify themselves in their court pleadings as “high frequency litigants”, they had to pay an extra $1,000 filing fee, and…

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ADA Lawsuits Newsletter

The coronavirus put a damper on the filing of new ADA cases for architectural barrier and website claims. But as the economy and the courts start to come out of their COVID-19 hibernation, DPA Attorneys at Law is predicting a return to “business as usual” as far as ADA lawsuits.  California is the #1 hot…

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Ninth Circuit – Background Check Decision

If you do not use some type of background check, you are exposing yourself to a potential negligent hiring claim, theft, workplace violence, or drug abuse. But doing it wrong could get you in a world of trouble. The Fair Credit Reporting Act requires employers who obtain a consumer report on a job applicant to…

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COVID-19 FAQs for Employers

As discussed in our Interactive Legal Blog, we, at DPA Attorneys at Law, have prepared a list of frequently asked questions and answers relating to Best Practices for Employers. Can an employer require that employees who test positive for Coronavirus disclose confidentially the test results to the employer? Yes. The Americans with Disabilities Act permits…

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Eviction Moratorium Expiration (October 9th, 2020 Update)

On October 9, 2020, the Centers for Disease Control and Prevention (CDC) provided new guidelines that granted landlord’s additional powers. The new guidelines allow landlords to challenge tenant declarations of eligibility.  This ability to challenge permits landlords to initiate eviction proceedings for non-payment of rent at any time. While Landlords may initiate eviction proceedings at…

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