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…
Continue reading…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…
Continue reading…When Can Employers Require Employees to Provide COVID-19 Test Results?
The safety of guests and co-workers is of paramount concern with COVID-19. There is great variation in how COVID-19 effects different people. If an employee asks to self-quarantine for COVID-19 symptoms on the advice of a Medical Services Provider (“MSP”), they should provide the employer with the name of their MSP. In addition, the employer…
Continue reading…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…
Continue reading…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…
Continue reading…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…
Continue reading…FFCRA Exemption Letter
In response to the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act (“FFCRA”), which requires employers to provide certain benefits to those unable to work because of COVID-19, including 80 hours of paid sick leave to each employee. Small businesses are exempt from the FFCRA if they: (1) have fewer than 50 employees…
Continue reading…When Can Employers Require Employees to Provide COVID-19 Test Results?
The safety of guests and co-workers is of paramount concern with COVID-19. There is great variation in how COVID-19 effects different people. If an employee asks to self-quarantine for COVID-19 symptoms on the advice of a Medical Services Provider (“MSP”), they should provide the employer with the name of their MSP. In addition, the employer…
Continue reading…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…
Continue reading…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…
Continue reading…