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…

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…

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…

Arbitration

Restrictions on Arbitration  Effective Jan. I, 2020, Labor Code § 432.6 PROHIBITS employers from requiring an applicant or employee to sign an arbitration agreement as a condition of employment  It also prohibits retaliation against those who REFUSE to sign the agreement  Employment attorneys expect this new mandate to be challenged under the Federal  Arbitration Act,…

Continue reading…

Onboarding Documents

Why it is Necessary for Employees to Sign Documents When They Start Work? Lawyers are going to Employees educating them of their Employment Rights  In Law, the only thing that matters is what can be proved  Employment Agreements allow the Court to rely on fact on paper, rather than words, when deciding a case  Agreements…

Continue reading…

Service Animals

Questions you can ask a Guest with a Service Animal  What Disability does the Service Animal support?  What is the Service Animal trained to do?  NOTE: Only dogs & miniature horses are considered “Service Animals”  SPECIAL NOTE: Emotional Support Animals are NOT considered Service Animals according to the Americans with Disabilities Act (ADA)  NOTICE: Attorney…

Continue reading…

PAGA Lawsuits in California

What PAGA is & Why it Matters  PAGA stands for Private Attorneys General Act and it “authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, & the State of CA for La- bor Code violations  Lawyers are using this power against Businesses by filing actions against Employers  If…

Continue reading…