Two Notable New Laws For 2021 That Affect Condominium Rentals, Apartment Subleases, And Your PPP Loan

Over 370 bills were signed into law in California this year. With about as many new laws taking effect on January 1, 2021 – and everything else that has happened in 2020 – to say there is plenty to track would be an understatement. There are two particularly notable laws affecting our common interest development […]

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California Legislative Alert: California Enacts AB 2257 ToModify Parts of the AB 5 Independent Contractor Classification Law

Those who are or use independent contractors (“IC”) know that effective January 1, 2020, Assembly Bill 5 (“AB 5”) codified the ABC Test for classifying ICs and expanded its application to all Labor Code claims, the Unemployment Insurance Code, and the Wage Orders of the Industrial Welfare Commission. See, e.g., Cal. Lab. Code § 2750.3 […]

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Federal District Court Reverses DOL’s “Final Rule” on Vertical Joint Employment By Reverting to FLSA Economic-Realities Test

On September 8, 2020, in a case entitled State of New York et al. v. Scalia etal. (Case No. 1:20 cv-01689-GHW), the U.S. District Court for the Southern District of New York rejected the U.S. Department of Labor’s (“DOL”) “final rule” (the “Rule”) concerning vertical joint employment under the Fair Labor Standards Act (“FLSA”). Here […]

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Wire Fraud Alert

Recently we have been seeing and hearing about a proliferation of fraudulent scams. Sadly, this is almost certainly the result of more (indeed nearly all) people working from home these days. I’ll explain the two frauds we have witnessed below but if you take one thing away, it is to always independently verify wire requests […]

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COVID-19 and Paid Sick Leave

The COVID-19 pandemic has brought seismic changes to nearly every facet of our lives. The same has been true for federal and local employment laws. Although the law typically evolves and changes at a near glacial pace, the COVID-19 pandemic has produced new sick leave laws in a matter of weeks that would have before […]

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Contributory Trademark Infringement

A relatively unknown area of trademark law could potentially hold significant liability exposure for landlords. In a recent case, Luxottica Grp., S.P.A. v. Airport Minim Mall, LLC, 932F.3d 1303, 2019 U.S.P.Q.2d 292644 (11th Cir. 2019), landlords were found to have contributorily infringed Oakley and Ray Ban trademarks on counterfeit sunglasses being sold by their tenants. […]

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New Laws Affecting Common Interest Developments and Coming to You in 2020

AB 5 … Again! There is no doubt that the California Legislature has passed some sweeping legislation during their past session. Among the most disruptive is AB 5, which our colleague, Denis Kenny, writes about in detail above in this edition of Perspectives. What most people may not be aware of, however, is that AB […]

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Employment Law Updates: (1) Independent Contractor Classification (AB 5) and (2) Mandatory Sexual Harassment Training for Small California Employers

2019 has been a busy year in the employment law front. We update you on two substantial updates that impact employers and employees alike: (1) the legislative pronouncement of the reach of the ABC Test on independent contractor classification and (2) the brief extension for small employers to provide mandatory sexual harassment training. Independent Contractor […]

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Post-Dynamex Independent Contractor Classification Developments

We have written previous articles over the past year discussing the groundbreaking April 30, 2018, California Supreme Court decision in Dynamex Operations West, Inc. v Superior Court of Los Angeles which, in practice, significantly increases the liability risk and damages exposure to individuals or businesses seeking to classify workers as independent contractors. The Dynamex decision […]

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California Consumer Privacy Act

On the heels of the General Data Protection Regulation (“GDPR”), California is rolling out its own revamped privacy legislation in the form of the California Consumer Privacy Act of 2018 (the “Act”). The Act will go into effect on January 1, 2020. Much like GDPR, the Act gives California residents certain additional rights in relation […]

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