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…

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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…

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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.

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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…

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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…

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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…

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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…

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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…

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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…

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