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…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,…
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