The Dept. of Labor has provided new guidance for those planning to apply for the FFCRA exemption: To elect for this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department. This will be addressed in more detail in forthcoming regulations. You should…
Continue reading…Author: support
COVID-19 Epidemic – How It Impacts You (Part 1)
Question: Can I temporarily close my business? Yes. This pandemic has forced many of us to make tough decisions. Temporarily closing may be the best financial option for many of us. If you choose to do so, review your franchise agreement. It may restrict you from doing so. Even so, many hotel chains recognize the…
Continue reading…COVID-19 Epidemic – How It Impacts You (Part 2)
Question: If I cease operations, what happens to my employees You have two options: (1) Layoff your employees or (2) Furlough your employees Laying Off Employees Going this route, you are essentially terminating your employees with the possibility of later reinstating them. Make sure to pay your employees for all hours worked and any vacation/paid-time…
Continue reading…COVID-19 and Hotel Operations
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…