There are two primary purposes of the I-9 Employment Eligibility Verification Form. 1) To verify the identity of an employee and 2) to verify their eligibility to be employed. During COVID, the Department of Homeland Security allowed employers to use expired List B identity documents for I-9 purposes. However, as of May 1, 2022, employers…
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Exempt vs. Non-Exempt Employees
The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…
Continue reading…California Employee Leave
Under California law, businesses are required to provide employees with the following leaves of absence: Sick Leave: All employees are eligible. Employees earn a minimum of 1 hour of sick pay for every 30 hours worked. Employees get 24 hours of sick leave per year. California Pregnancy Disability Leave: Employees are eligible if Employer has 5…
Continue reading…Another Win! Potter Handy Website Plaintiff Loses in Important Federal Trial
A Central District of California judge ruled that Potter Handy’s professional Plaintiff Andres Gomez did not have standing to bring a website accessibility lawsuit under the ADA against a car rental business. The Court held that Gomez had not provided any consequences resulting from his visit to the alleged inaccessible website, nor showcased a genuine…
Continue reading…California District Attorneys Sue Potter Handy for Frivolous Disability Lawsuits
The District Attorney for the City and County of San Francisco and the District Attorney for the County of Los Angeles recently filed a lawsuit against Potter Handy, LLP, a law firm that files lawsuits against businesses citing the Americans for Disabilities Act and Unruh Civil Rights Act. The complaint states (in part): The firm…
Continue reading…California Extends Some COVID Protections Until June 30, 2022, with Passage of AB2179
Landlords are prohibited from filing an unlawful detainer against tenants for rent that became due from March 1, 2020, to March 31, 2022. Cases filed before July 1, 2022, that seek either COVID 19 Rental Debt or COVID Recovery Rental Debt will not have a Summons issued unless the landlord can prove one of the…
Continue reading…Evicting Tenants From Your Hotel
Serve the tenant with a notice to quit. A 30 day notice to quit can be issued if a month to month tenant has lived in the unit for under a year. A 60 day notice is required has occupied the unit for over a year. If a tenant does not vacate the premises on/or…
Continue reading…Protect Your Business From Bed Bug Lawsuits
1. Have a paper trail: Get real time Employee Statements, Guest Statements, Pictures, Pest Control Report. 2. Pest Control Service: Should be Insured and Certified in Bed Bug Service. Should inspect and provide an Inspection Report of the room as bed bugs are reported. 3. Refunds: If you refund a guest, get a settlement/waiver of…
Continue reading…Franchise Negotiation
Be sure to negotiate these terms with Franchisor Application Fees Key Money Ramp Up Franchise Fees Area of Protection Termination Windows Liquidated Damages Property Improvement Plan Capital Investments
Continue reading…Current State of Hotel Reservations Website Lawsuits in California
Over the last few years, California hotels have faced a staggering amount of ADA website lawsuits. Plaintiffs are almost universally from ADA plaintiff firm “Potter Handy LLP dba Center for Disability Access” (“Potter Handy”). Potter Handy’s professional plaintiffs have filed hundreds of lawsuits, stating for one reason or another that a hotel’s website lacks accessible…
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