FAQ – GUEST ISSUES Question: Am I allowed to continue Operations in California? Answer: Yes. But you must reduce to minimum basic operations. Make sure you are up to date on government orders, which are changing daily. Q: Can I refuse to accommodate a guest who has Covid–19? A: Yes. California courts have cited…
Continue reading…Kim V Reins International California, INC – A Devastating Blow to Employers
The Court held that an employee’s individual settlement does not stop the individual from filing a PAGA lawsuit. Due to the decision in Kim, Plaintiffs’ lawyers will be bringing many more frivolous PAGA suits, even after the “aggrieved employee” has been individually compensated. NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not…
Continue reading…Franchise Negotiations
Which Terms should you Negotiate? Term of the Agreement & Exit Windows Area of Protection Fees: Royalty and Marketing Property Improvement Plan Ownership Transfer Liquidated Damages Default Provisions NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not intended as legal advice; No attorney-client relationship created hereby.
Continue reading…How AB 1482 Effects Just Cause Evictions
AB 1482 prohibits evictions without just cause. For tenants that have lived in a unit for at least one year, AB 1482 pro- hibits evictions and non-renewals of leases without “just cause.” There are two types of “just cause”: (1) “At Fault Just Cause,” and (2) “No-Fault Just Cause.” At Fault Just Cause: includes failure…
Continue reading…DFEH (Department of Fair Employment and Housing Complaint – 3 Year Statue of Limitations)
AB (Assembly Bill) 9 Expands 1 year SOL (Statute of Limitations) to 3 years. Employees must file a DFEH com- plaint prior to filing a lawsuit in court for discrimination, harassment or re- taliation. Now they have 3 years from the date of the last wrong act to do so and then another year from…
Continue reading…Tenant Protection Act (AB 1482)
The California rental housing market has experienced a major change with Governor Newsome’s recent signing of Assembly Bill 1482 – The Tenant Protection Act of 2019 (“AB 1482”). AB 1482 creates additional restrictions with which landlords must comply, including: (1) enacts a statewide rent increase cap; (2) greatly expands the number of tenants who can…
Continue reading…Employee V. Independent Contractor
What is the ”ABC” Test? 3 steps in determining if a worker in CA should be classified as an independent contractor for wage order purposes are: (A) Worker is free from control & direction of hiring entity in connection with the performance of the work;and (B) Worker performs work that is outside the usual course of…
Continue reading…Limitation on Discrimination and Harassment Claims
Employees will now have 3 years, instead of I year, to file claims for discrimination, harass- ment, or retaliation with the Department of Fair Employment and Housing The 1 year statute of limitations for filing a civil action after an employee files a FEHA (Fair Employment and Housing Act) complaint re- mains unchanged The law…
Continue reading…CASP Inspections
Benefits of a CASp Inspection Detailed report of all non-compliant ADA areas at the business 4-Month grace period from ADA law- suits to allow for corrections to non- compliant areas Certificate to display in lobby to dis- courage Plaintiffs from filing a lawsuit Negotiated pricing with CASp inspector Attorney-client privileged information when procuring through a…
Continue reading…Concerns About AB 51
CA Judge Temporarily Blocks Forced Arbitration Law U.S. District Judge Kimberly Mueller ruled that the CA Chamber of Commerce and other business groups had raised serious concerns about AB 51, a bill signed by Gov. Gavin Newsom due to arbitration agreements that obscured allegations of sexual harassment and assault. Mueller issued a temporary restraining order…
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