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…

Continue reading…

Joint Employer Liability

Statutory Joint Liability: CA Labor Code Section 2810.3 If employers with 25+ employees use five or more workers at a given time from a third party, then both the employer & third party may be responsible for the payment of wages to that worker  Factors that the courts consider are whether:  (1) Workers are provided…

Continue reading…

Resident Managers

How To Protect Yourself from Resident Managers  Pitfalls:  Not paying according to minimum salary require- ments  Job does not consist of at least 51 % of Managerial duties  Possible eviction issue when terminated  Solution:  Have a Written Agreement that combines Employ- ment Law with Tenancy Law, which allows Resident Managers to become legally compliant.  NOTICE:…

Continue reading…

California Minimum Wage Increase

Effective January 1, 2020, the C.A. minimum wage will increase to $13.00 per hour for employers with 26 or more employees & $12.00 per hour for employers with fewer than 20 employees  Various cities in C.A. have higher rates:  – Los Angeles, $14.50/hour for employers with 26 or more employees – San Francisco, $15.59/hour –…

Continue reading…

Web Content Accessibility Guidelines

Effect of Supreme Court’s Non-ruling on Domino’s Case  The Supreme Court denied a petition from Domino’s on Monday to hear whether its web- site is required to be accessible to the disabled  This is not a formal ruling, the Supreme Court may step in if there becomes a divide between lower courts  At this time,…

Continue reading…

SB 778 Delays Requirements of SB 1343

C.A. Sexual Harassment Prevention Training Requirements Delayed Until 2021  New harassment training deadline is January 1, 2021, & once every 2 years for supervisors  Employers who complied with the training requirements of SB 1343 in 2019 will NOT have to retrain their employees, instead, they can stay in accordance with the 2 year cycle  For…

Continue reading…