Changes to HOA Statutes re: Balcony Inspections & Electronic Secret Ballot Voting

We write to highlight two recent changes to the Davis-Stirling Act that respectively affect (i) elections in common interest developments (planned unit developments, condominium complexes, stock cooperatives, and community apartment projects; collectively, “CIDs”) and (ii) balconies in condominium projects. Electronic Secret Ballot Voting. Assembly Bill 2159 became law on January 1, 2025, and added a […]

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The FTC Announces Final “Click-to-Cancel” Rule

The Federal Trade Commission (FTC) issued its final “click-to-cancel” rule (the Final Rule) requiring companies selling services or goods to make it easier for consumers to cancel their enrollment in a subscription. Part of the Final Rule went into effect on January 15th with the majority of the Final Rule becoming enforceable on May 14, […]

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California Court of Appeal Clarifies Distinction Between Individual and Representative PAGA Claims

On December 30, 2024, in Leeper v. Shipt, Inc., the California Court of Appeal (Second District) ruled that all Private Attorneys General Act (PAGA) actions necessarily include an individual PAGA claim, which, in turn, can be subject to binding arbitration agreements. https://www4.courts.ca.gov/opinions/documents/B339670.PDF Leeper involved independent contractor misclassification and attendant PAGA claims brought by a worker […]

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New CalSavers Requirements for Small Employers

Retirement plans are something employers have offered for decades as an employee benefit.  However, in 2025 the requirement to have one in California will become a reality for all employers with one or more employees. CalSavers was created in 2016 and began being implemented in 2019.  It is California’s state-sponsored retirement savings program and helps […]

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2024 PAGA Amendments

In 2024, the California Legislature enacted significant amendments to California’s Private Attorneys General Act (or “PAGA”). PAGA has been in effect for decades, and many believe that, while well-intentioned, it has come to be a boon for a select group of savvy plaintiff-side attorneys while resulting in minimal financial benefits for employees. The 2024 amendments, […]

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Updates on the Corporate Transparency Act

The Corporate Transparency Act (CTA), a federal law that requires most U.S. businesses to report beneficial ownership information to the US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) went into effect January 1, 2024, and is already facing legal challenges and questions surrounding its scope. Notwithstanding, the law remains in full force and effect […]

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Website Accessibility Lawsuits

Websites and mobile apps (collectively referred as “websites”) operated by businesses “open to the public” (or places of “public accommodation”) have consistently been required to comply with the American with Disabilities Act (“ADA”), meaning that they must make sure their websites are accessible to people with disabilities. While this has been true for many years, […]

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California Employer Alerts for First Half of 2024

In our last issue of Perspectives, we summarized recent non-compete-related legislation in a California employer alert entitled “New Prohibitions and Penalties Concerning Noncompetition Clauses.” However, many employers continue to have questions about the practical takeaways regarding this legislation. So, here is a refresher summary focusing on the most impactful takeaways. Effective January 1, 2024, California […]

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March 11, 2024 Final Rule: Employee or Independent Contractor Classification Under the FLSA:

On January 9, 2024, the U.S. Department of Labor released the details of a long-awaited “final rule” addressing when employers can classify workers as independent contractors under federal labor law. Our overall assessment of the FLSA “final rule” (effective March 11, 2024) (the “2024 Rule”) is that it will not materially impact independent contractor misclassification […]

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The Ups and Downs of Using AI

Everywhere you turn these days Artificial Intelligence, or AI as it is generally referred to, is in the news.  Whether it is an article talking about how AI will soon take over the world, or how it will free many of us from routine tasks we don’t want to do, it’s hard to escape the […]

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